Indira Chakraborty

Give model answer - Fundamental Rights under the Indian Constitution are not Absolute. Discuss
the limitations placed on Fundamental Rightsart III of the Indian Constitution from Article 12 to
Article 15 contains the justiciable Fundamental Rights, which are not absolute in nature but
qualified. In the A.K. Gopalan Vs State of Madras (1950), the Supreme Court held that while FR are
essential, they are not absolute. Can be subject to reasonable restriction as provided by the
constitution. Limitation Placed on Fundamental Rights is Article 1962) to Article 19(6) lists specific
grounds like the interests of the sovereignty and integrity of India, security of the state, friendly
relation with foreign states, public order, decency, morality and in relation to contempt at court,
defamation or incitement to an offense. During a state of emergency, declared under Article 352,
certain rights like Article 19 are automatically suspended, and the enforcement of other rights
(except Article 20 and Article 21) can also be suspended. Parliament has the power to impose
restriction on the exercise of Fundamental Rights through legislation. (Article 19) Ex: Preventive
Detention laws restrict Personal Liberty and per Article 22. The Judiciary can impose limitation of
[Special Restriction (a) Article 19 Freedom of Speech and Expression) can be restricted for the
reasons mentioned above, public order and security of the state. (b) Article 25 (Freedom of Religion)
is subject to public order, morality and health, and also to other provisions of Partiu of the
constitutions. (c) Article 32 (Right to Constitutional Remedies) may be restricted in the interests of
the security of the state, public order or to prevent incitement to an offense. Their application to the
members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous
Services can be restricted or abrogated by the Parliament (Article 33). Their application can be
restricted while martial law (military law) rule imposed under abnormal circumstances is in force in
any areas. Liberty can be restricted during to maintain Public order, decency, prevent riots or
control public gathering and protests. One person's FR cannot infringe upon the right of others. For
example, the right to freedom in this space of speech does not include the right to make defamatory
statement. The state can impose reasonable restrictions on the right to assemble peaceably and
without arm. Article 19(b) on the grounds of sovereignty and integrity of India and public order
including the maintenance of traffic in the area concerned. See 141 IDC: Unlawful Assembly The right
to freedom to form association or union or co-operatives can be restricted on the above mentioned
ground. The SC, held that Right to movement and restricted on the grounds of • public health and
public morals, and for the protection of any scheduled tribes. Right to carry on any occupation
trade (Article 19(g) can be restricted. The State can provide / prescribed certain trade professional
qualification for a particular trade. The state on basis of the given grounds restrain the propaganda
of any citizen to jeopardize the state's friendly relations with another state. In India, the official
Secrets Act, 1923 provides for Various restrictions. However, all these reasonable restrictions have to
be examined by the courts in light of the purpose of the legislation through which they are imposed
and the effect they have on fundamental rights.

Subject: Polity

Answer: Fundamental Rights under the Indian Constitution, enshrined in Part III from Articles 12 to 35, are
essential for the protection of individual liberties. However, these rights are not absolute and are subject to
reasonable restrictions to ensure the balance between individual freedom and social order.

Limitations on Fundamental Rights:

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Indira Chakraborty

Article 19: This article guarantees six freedoms, but they are subject to restrictions under Articles 19(2) to
19(6) on grounds such as:
Sovereignty and integrity of India
Security of the state
Friendly relations with foreign states
Public order, decency, and morality
Contempt of court, defamation, and incitement to an offense
For instance, the right to freedom of speech and expression can be curtailed to prevent hate speech or
incitement to violence.

Article 21: The right to life and personal liberty can be restricted by the procedure established by law.
Preventive detention laws, as per Article 22, allow for detention without trial under specific circumstances.

Article 25: The freedom of religion is subject to public order, morality, and health, and other provisions of
Part III. For example, the Supreme Court in the Sabarimala case (2018) ruled that the exclusion of women of
a certain age group from entering the temple was unconstitutional.

Article 32: The right to constitutional remedies can be suspended during a state of emergency under Article
352, except for Articles 20 and 21.

Article 33: Parliament can restrict or abrogate the application of Fundamental Rights to members of the
armed forces, paramilitary forces, police forces, intelligence agencies, and analogous services to ensure
proper discharge of their duties and maintenance of discipline.

Article 34: During the imposition of martial law in any area, the application of Fundamental Rights can be
restricted.

Public Order and Morality: The state can impose restrictions to maintain public order, decency, and
morality. For example, the right to assemble peacefully without arms (Article 19(1)(b)) can be restricted to
prevent riots or maintain public order.

Protection of Scheduled Tribes: The right to move freely throughout the territory of India (Article 19(1)(d))
can be restricted to protect the interests of Scheduled Tribes.

Professional Qualifications: The right to practice any profession or to carry on any occupation, trade, or
business (Article 19(1)(g)) can be restricted by the state to prescribe professional or technical qualifications
necessary for practicing any profession.
Conclusion: While Fundamental Rights are crucial for safeguarding individual liberties, their reasonable
restrictions ensure that these rights do not conflict with the collective interests of society. The judiciary plays a
pivotal role in examining these restrictions to maintain a balance between individual rights and societal needs.

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