Question

Discuss the Basic Features of the Part III of the Constitution of India.

Answer 1

Features of Part III of the Constitution of India:

1. Classification of Fundamental Rights: Fundamental Rights are grouped into six broad categories:

   1. Right to Equality (Articles 14–18)
   2. Right to Freedom (Articles 19–22)
   3. Right against Exploitation (Articles 23–24)
   4. Right to Freedom of Religion (Articles 25–28)
   5. Cultural and Educational Rights (Articles 29–30)
   6. Right to Constitutional Remedies (Article 32)
2. Justiciable and Enforceable: These rights are enforceable in a court of law. If violated, citizens can directly approach the Supreme Court or High Courts under Articles 32 or 226.
3. Applies to Citizens and Non-Citizens: While some rights (like Article 19) are limited to citizens, others (like Article 21 – Right to Life) apply to all persons.
4. Reasonable Restrictions: Rights are not absolute. The State can impose lawful and reasonable restrictions for maintaining public order, morality, or national security.
5. Protection Against Arbitrary Action: Fundamental Rights act as a check on the powers of the legislature and executive, preventing misuse or abuse of authority.
6. Right to Constitutional Remedies: Known as the “heart and soul” of the Constitution, Article 32 empowers citizens to seek redressal through the Supreme Court for the enforcement of rights.
7. Judicial Review: The courts have the power to strike down any law or executive action that violates Fundamental Rights, thereby upholding the supremacy of the Constitution.
8. Promotes Rule of Law: Everyone is equal before the law, and no one is above it, reinforcing legal equality and fairness.
9. Suspension During Emergency: Fundamental Rights (except Articles 20 and 21) can be suspended during a national emergency, as provided under Article 359.