Fundamental rights are enshrined in Part III of the Indian constitution. They are essential for the holistic development of the society and as well as individual. They are the foundational values which provide India a secular and democratic platform. But the rights are not absolute in nature.
- FR’s are subjected to reasonable restriction on the basis of sovereignty and integrity of the country, law and order, morality, health.
- FR’s are restricted on the basis of general good of the society and safeguards for ST Area. The movement is limited to protect the cultural identity of the ST’s.
- Special protection for women, SC,ST, Children, Socially and educationally backward Class. To make way for that FR’s can be violated.
- 39(b) and 39 (c) Articles are given primacy over FR’s.
- Article 31(A), 31(B) and 31(C) are itself the exemption to the FR’s.
Hence we can say FR’s are not absolute in Nature and there are some exemptions. The reasons for exemptions is to achieve the objective of welfare state and to have overall good of the society.
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