Question

Discuss the main points of criticism against the Fundamental Rights contained in Part III.

Answer 1

Here are the main criticisms of Fundamental Rights:

1. Excessive Restrictions – Many rights are limited by broad “reasonable restrictions”.
2. Emergency Suspension – Most rights can be suspended during a national emergency.
3. Lack of Socio-Economic Rights – Focus is on political rights; socio-economic rights are not justiciable.
4. Legal Complexity – Enforcement through courts is costly and slow.
5. Inequality in Access – Marginalised groups struggle to exercise their rights.
6. Vague Language – Ambiguous terms lead to inconsistent judicial interpretation.
7. Judicial Overreach – Courts sometimes extend rights into areas meant for the legislature or executive.