Vishant

Give model answer - Fundamental Rights under the Indian Constitution are not absolute. Discuss
the limitations placed on Fundamental Rights.

Subject: Polity
Answer: Fundamental Rights under the Indian Constitution, enshrined in Part III (Articles 12-35), are essential
for the protection of individual liberties and democratic principles. However, these rights are not absolute and
are subject to certain limitations to ensure public order, morality, and the sovereignty of the nation.

Reasonable Restrictions: Article 19, which guarantees freedoms such as speech, assembly, and movement,
allows the state to impose reasonable restrictions in the interests of the sovereignty and integrity of India,
security of the state, public order, decency, or morality. For instance, the Right to Freedom of Speech and
Expression (Article 19(1)(a)) can be restricted to prevent hate speech, defamation, or incitement to
violence.

Public Order and Morality: Articles 25-28, which ensure religious freedoms, can be restricted on grounds of
public order, morality, and health. For example, the Supreme Court in the Sabarimala case (2018)
allowed women of all ages to enter the temple, emphasizing that religious practices must conform to
constitutional morality.

Security of the State: The Right to Life and Personal Liberty (Article 21) is fundamental but can be
curtailed during emergencies. The Maintenance of Internal Security Act (MISA) and the National Security
Act (NSA) allow preventive detention to maintain public order and national security.

Protection of Rights of Others: The Right to Equality (Article 14) ensures equality before the law but
allows for affirmative action to uplift socially and educationally backward classes, as upheld in the Indra
Sawhney case (1992).

Judicial Interpretation: The judiciary plays a crucial role in balancing individual rights with societal needs.
The Keshavananda Bharati case (1973) established the doctrine of the basic structure, ensuring that
amendments do not alter the fundamental framework of the Constitution.
In conclusion, while Fundamental Rights are pivotal for individual freedom and democracy, their limitations
are necessary to maintain social harmony, public order, and national security. These restrictions ensure that
the exercise of rights by one individual does not infringe upon the rights of others or the collective interests of
society.

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