Are Fundamental Rights Absolute?

Fundamental Rights are the cornerstone of the Indian Constitution, ensuring the basic rights and freedoms of every citizen. However, these rights are not absolute and come with reasonable restrictions to balance individual liberty and societal interests.

What Are Fundamental Rights?

Fundamental Rights are guaranteed by the Indian Constitution to ensure dignity, equality, and freedom for its citizens. These rights limit the State’s power and allow individuals to challenge violations through judicial mechanisms like the Supreme Court (Article 32) and High Courts (Article 226).

Fundamental Rights include equality, freedom, protection of life and personal liberty, and the right to constitutional remedies. While these rights are highly revered, they are not unconditional and must coexist with the broader objectives of societal harmony and justice.

Can Fundamental Rights Be Amended?

Fundamental Rights can be amended but not at the expense of the Constitution’s basic structure. The Basic Structure Doctrine, established in Keshwananda Bharti v. State of Kerala, ensures that amendments cannot alter the Constitution’s foundational principles.

For example, Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life and Personal Liberty) are considered integral to the Constitution’s basic structure. Any amendment violating these articles would be deemed unconstitutional (I.R. Coelho v. Union of India). This principle ensures that Fundamental Rights remain protected from arbitrary changes.

So, Are Fundamental Rights Absolute?

Fundamental Rights are not absolute. They are subject to reasonable restrictions that balance individual freedoms with the needs of society. The limitations vary based on the nature of the right and the circumstances under which it is exercised.

Right to Equality: Balancing Equity and Fairness

The Right to Equality under Article 14 ensures that all individuals are treated equally before the law. However, equality does not mean uniformity. The Constitution permits reasonable classification to address social and economic disparities.

For instance, Article 15(3) allows special provisions for women and children, such as maternity leave and reservations in employment. Similarly, Article 15(4) and Article 16 empower the State to make laws for the upliftment of socially and economically backward classes, Scheduled Castes (SCs), and Scheduled Tribes (STs).

These classifications aim to correct historical injustices and ensure equitable opportunities, demonstrating that equality is not absolute but context-sensitive.

Right to Freedom: Restrictions for the Greater Good

The Right to Freedom under Article 19 encompasses various liberties, including speech, movement, and occupation. These rights are vital for individual development and democratic functioning but are subject to reasonable restrictions.

Restrictions can be imposed to safeguard:

• Sovereignty and integrity of India.
• Security of the State.
• Public order, decency, and morality.
• Friendly relations with foreign states.
• Prevention of contempt of court, defamation, and incitement to an offence.

For example, inflammatory speeches that disrupt public order or harm national security can be restricted (Romesh Thapar v. State of Madras). These limitations ensure that freedom does not undermine the collective interests of society.

Right to Life: Interpreting Liberty within Limits

Article 21 guarantees the Right to Life and Personal Liberty. This right has been expansively interpreted to include rights like privacy, health, and education. However, it is not absolute and is limited by the phrase “procedure established by law.”

The procedure must be fair, just, and reasonable (Maneka Gandhi v. Union of India). For instance, punitive detention restricts liberty but is permissible if enacted through valid laws. Additionally, the right to life does not extend to the right to die (Aruna Shanbaug v. Union of India), reflecting the conditional nature of this fundamental right.

Religious Freedom: Bound by Public Order and Morality

The Constitution guarantees the Right to Freedom of Religion under Articles 25 and 26. Individuals can profess, practice, and propagate their religion, while religious denominations can manage their affairs. However, these rights are subject to public order, morality, and health.

For instance, acts like creating communal hatred or promoting practices harmful to public health fall outside the scope of religious freedom (Subhash Desai v. Sharad J. Rao). Similarly, conversions motivated by ulterior motives, such as polygamy benefits, have been invalidated (Lily Thomas v. Union of India).

These restrictions ensure that religious freedom does not conflict with other fundamental rights or public welfare.

How Are Fundamental Rights Enforced?

Fundamental Rights are enforceable through constitutional remedies. Articles 32 and 226 empower the judiciary to issue writs for their enforcement. Notably, public-spirited individuals or groups can approach courts on behalf of disadvantaged citizens, making these rights accessible to all.

For example, a simple letter to the Court has been accepted as a valid petition in cases like State of Himachal Pradesh v. A Parent of a Student of Medical College. This proactive judicial approach ensures the effective enforcement of Fundamental Rights.

Conclusion

The non-absolute nature of Fundamental Rights reflects a balanced constitutional framework. By permitting reasonable restrictions, the Constitution safeguards individual freedoms while ensuring societal interests like public order, security, and equity are not compromised.

Fundamental Rights are foundational to Indian democracy but must coexist with the evolving needs of society. Their conditional nature ensures that liberty is exercised responsibly, reinforcing the principles of justice and equality.