The Fundamental Rights given in Part III of the Constitution mark the beginning of a new era in the constitutional history of India. They are the foundation stone of democratic system in India. They defend individual’s freedom from the autocracy of executive and legislature. They give to the people the trust that state is an instrument of social welfare but individual is not a means for the state.
They create for man an atmosphere in which he may get economic, social and political justice and fully develop his life. They determine relations between man and state. Fundamental Rights protect the interests of minorities and provide them constitutional guarantees to preserve their language, script and culture. They establish the rule of law in India. Fundamental Rights have psychological importance which no government can undermine.
The importance of Fundamental Rights
- Foundation of Democracy:
India earns the privilege of being the most populous democracy in the world. Fundamental Rights create an atmosphere of freedom and democracy. In Chapter III of the Constitution such rights and liberties are given to the Indian citizens which are the sheet anchor of democracy in the country.
2. Establish Relations between the Individual and the State:
The inclusion of the long list of Fundamental Rights in the Indian Constitution is a sure indication that the main aim of the state is to protect the interests of the people. With the help of Fundamental Rights an attempt is made to establish balance between the rights of the citizens and the state because a citizen can enjoy freedom only in a state.
3.Check on the Arbitrariness of the Government:
The Fundamental Rights impose checks on the government and thus limits the arbitrary attitude of the government. Article 15 of the constitution prohibits the government to discriminate against people in respect of color, caste, religion, race etc. All such provision tries to limit the dictatorial attitude of the government.
4.Create Proper Conditions for the Development of Man:
Fundamental Rights create congenial and appropriate conditions for the development of the personality of the individual. These rights provide to the citizens the right to life and liberty etc. A person can choose any profession, trade or service according to his bent of mind. He can live, reside, settle and move about in any part of the country. The state services are open to all people of the country. All these conditions create favourable environment for the development of personality of the individual.
5. Foundation of Social Democracy:
The Fundamental Rights embodied in the Indian Constitution abolish all types of discriminations based on colour, caste, creed, race, religion and sex etc. The citizens have been given the right to go to public places like hotels, shops, entertainment houses, wells, tanks, and public baths etc. without any sort of discrimination. According to Article 17 untouchability has been regarded as a punishable crime. Similarly Article 18 of the Indian Constitution puts limitation on the bestowal or receipt of titles and prizes etc.
6.Protection of the Interests of Minorities:
The Fundamental Rights make adequate provisions for the protection of the interests of various minorities. These minorities enjoy all the rights which the majority community enjoys and in addition to these they also enjoy certain other rights and privileges. The Indian Constitution provides these minorities the right to establish and administer their own educational institutions. The government cannot discriminate against such institutions while giving grants to them. In addition to this, the minorities also enjoy the right to preserve their own language, script and culture.
7. Foundation of Rule of Law:
Article 14 of the constitution provides equality before law to all people living in the Indian territory. It implies that no discrimination will be made on the basis of the status or title of an individual. In case of violation of the laws of the land every individual is subject to the same punishment. None can be deprived of his life, liberty or property except by the rule of law established in the country. The administration of the country is being run not according to will of some individual but according to the law of the land.
8. Establishment of Secular State:
The Fundamental Rights embodied in the Indian Constitution also provide for the establishment of a secular state. According to Article 25 to 28 of the Constitution, the individual is given the right to adopt, profess and profess any religion which he likes. These Articles also make provision for the establishment and administration of educational rights by the various minorities. The Indian citizens cannot be forced to pay any box in the name of any religion. Besides this, there is a ban on religious education being imported in government educational institutions. The State has no religion of its own but the individual possesses religious freedom.
Thus fundamental rights mentioned in the constitution ensure several economic rights to the citizens. Also at the same time state has the power to impose certain reasonable restrictions on such rights in the public interest. This power which has been vested with state has enabled the government to impose numerous statutory controls over business.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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