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‘Fundamental Rights given in the Indian Constitution are not absolute’ Examine this statement (150 words)
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Fundamental rights are the basic right given in constitution. Which are essential for the country as it is considered as the basic criteria that are essential for the moral, spiritual and intellectual development of citizen. The fundamental rights are enshrined in part III of the constitution( article 12 to 35)
Six fundamental rights are there( initially 7 but the right to property has been removed from the fundamental right in 1978 by 44th amendment. Right to education added as a fundamental right in 2002 as 86th amendment ( artcle 21A).
Fundamental rights are not absolute. State can suspend many fundamental rights during an emergency period like right to expression and right to gather. In golaknath case supreme court held that the state cannot amend the fundamnetal rights but as per the 24th amendement (artcle 13(4)) of the parliament in 1971 state can amend the fundamental right. Supreme court upheld the decision and held that only basic structure of constitution cannot be ammended.
So the fundamental rights are not absolute since it can be amended by the state except some basic fundamental rights like freedom of eqaulity and freedom of privacy
Fundamental rights are the basic right given in constitution. Which are essential for the country as it is considered as the basic criteria that are essential for the moral, spiritual and intellectual development of citizen. The fundamental rights are enshrined in part III of the constitution( article 12 to 35)
Six fundamental rights are there( initially 7 but the right to property has been removed from the fundamental right in 1978 by 44th amendment. Right to education added as a fundamental right in 2002 as 86th amendment ( artcle 21A).
Fundamental rights are not absolute. State can suspend many fundamental rights during an emergency period like right to expression and right to gather. In golaknath case supreme court held that the state cannot amend the fundamnetal rights but as per the 24th amendement (artcle 13(4)) of the parliament in 1971 state can amend the fundamental right. Supreme court upheld the decision and held that only basic structure of constitution cannot be ammended.
So the fundamental rights are not absolute since it can be amended by the state except some basic fundamental rights like freedom of eqaulity and freedom of privacy