What are criticisms of the Fundamental Rights?
Q. Which of the following are criticisms of the Fundamental Rights (FRs)?
1) They are against authority
2) Parliament can curtail or abolish them
3) Feature of preventive detention
4) Complex language- Published on 21 Feb 17a. Only 1, 2 and 4
b. Only 2 and 3
c. Only 2, 3 and 4
d. All of the above
ANSWER: Only 2, 3 and 4
The criticisms are -
(a) Excessive Limitations - They are subjected to innumerable exceptions, restrictions, qualified and not absolute, etc. Thus,the critics remarked that the Constitution grants Fundamental Rights with one hand and takes them away with the other.
(b) No Social and Economic Rights in the list like right to social security, right to work, right to employment, right to rest and leisure, etc. which are made available to the citizens of advanced democratic countries. Also, the socialistic constitutions of erstwhile USSR or China provided for such rights.
(c) No Clarity -They are stated in a vague, unclear and ambiguous manner.
(d) The language used is very complicated and beyond the comprehension of the common man. It is alleged that the Constitution was made by the lawyers for the lawyers.
(e) No Permanency - They are not sacrosanct as Parliament can curtail or abolish them. For example,the abolition of the fundamental right to property in 1978.
(f) Thus, they can become a tool in the hands of politicians having majority support in the Parliament.
(g) Suspension During Emergency - The suspension of their enforcement during the operation of National Emergency (except Articles 20 and 21) cuts at the roots of democratic system in India by placing the rights of the innocent in continuous jeopardy.
(h) According to the critics, the Fundamental Rights should be enjoyable in all situations - Emergency or no Emergency.
(i) Expensive Remedy - The judiciary has been made responsible for defending and protecting these rights.
(j) However, the judicial process is too expensive and time consuming benefitting the rich.
(k) Preventive Detention (Article 22) takes away the spirit of the fundamental rights conferring arbitrary powers on the State and negates individual liberty.
(l) It justifies the criticism that the Constitution of India deals more with the rights of the State against the individual than with the rights of the individual against the State.
(m) Notably, no democratic country in the world has made preventive detention as an integral part of their Constitutions as has been made in India.
(n) No Consistent Philosophy - According to some critics, FRs are not product of any philosophical principle, which creates difficulty for the Supreme Court and the high courts in interpreting the fundamental rights.
The significance are -
(a) They form bedrock of democratic system in India
(b) Provide necessary conditions for the material and moral protection of man.
(c) Serve as a formidable bulwark of individual liberty.
(d) Facilitate the establishment of rule of law
(e) Protect the interests of minorities and weaker sections of society.
(f) They strengthen the secular fabric of India.
(g) Check absoluteness of the authority of government.
(h) Lay down the foundation stone of social equality and social justice.
(i) They ensure the dignity and respect of individuals.
(j) Facilitate participation of people in the political and administrative process.
