Sunaina sharma

Give model answer - Fundamental rights under the Indian constitution are not absolute. Discuss the
limitations placed on fundamental right

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 governance. However, these rights are not absolute
and are subject to reasonable restrictions to ensure public order, morality, and the sovereignty of the nation.

Article 19: Guarantees six freedoms, including speech and expression, assembly, and movement. However,
these freedoms can be restricted on grounds such as the security of the state, public order, decency, and
morality. For instance, the Supreme Court in the case of Shreya Singhal v. Union of India (2015) struck down
Section 66A of the IT Act for being overly broad and vague, but upheld reasonable restrictions on free
speech.

Article 21: Ensures the right to life and personal liberty. This right is not absolute and can be curtailed by
the procedure established by law. The landmark case of Maneka Gandhi v. Union of India (1978) expanded
the interpretation of Article 21, emphasizing that any law affecting personal liberty must be just, fair, and
reasonable.

Article 25: Provides the freedom of conscience and the right to freely profess, practice, and propagate
religion. However, this right is subject to public order, morality, health, and other provisions relating to
fundamental rights. For example, in the Sabarimala Temple case (Indian Young Lawyers Association v. State
of Kerala, 2018), the Supreme Court ruled that the exclusion of women based on biological factors was
unconstitutional.

Article 32: Grants the right to constitutional remedies, allowing individuals to approach the Supreme Court
for enforcement of fundamental rights. However, during a state of emergency under Article 352, the
enforcement of certain rights can be suspended as per Article 359.

Reasonable Restrictions: The Constitution allows for reasonable restrictions on fundamental rights to
balance individual freedoms with the collective interests of society. For instance, the Right to Privacy was
recognized as a fundamental right in Justice K.S. Puttaswamy v. Union of India (2017), but it is subject to
reasonable restrictions for national security, public order, and other state interests.
In conclusion, while fundamental rights are crucial for safeguarding individual liberties, their limitations
ensure that these rights do not conflict with the broader interests of society and the state. The judiciary plays a
pivotal role in interpreting these restrictions to maintain a balance between individual freedoms and societal
needs.

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