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Our Constitution demarcates an area of individual freedom and liberty
Zafar Bhat. Dated: 7/20/2017 11:06:18 AM
Zafar Bhat
Jammu, July 19
In the despotic British rule, justice system suffered from a number of disadvantages which include unsystematic incoherent, non-uniform, uncertain, bulky, haphazard, dilatory and expensive; finally it proceeds with particular solution of immense legal framework in the form of constitution of India after independence.
Particularly, the Indian Constitution guarantees to the people certain basic human rights and freedoms, such as inter alia, equal protection of laws, freedom of speech and expression, freedom of worship and religion, freedom of assembly and association, freedom to move freely and to reside and anywhere in India, freedom to follow and occupation, trade or business, freedom of person, freedom, against double jeopardy and against ex post facto laws.
Untouchability, the age old scourge afflicting the Hindu Society, has been formally abolished.
A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interests of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent laid down.
These rights, in substance, constitute inhibitions on the legislative and executive organs of the state. No law or executive action infringing a Fundamental Right can be regarded valid.
In this way, the Constitution demarcates an area of individual freedom and liberty wherein government cannot interfere.
The Constitution provides an effective machinery in Arts. 32 and 226 for the enforcement of these Rights. Without due enforcement, these Rights will be of not much use. The judiciary ensures an effective and speedy enforcement of these rights.
Pertinently, the constitution-makers decided to incorporate Fundamental Rights in the Constitution because of several reasons, such as, consciousness of the massive minority problem in India; memories of the protracted struggle against the despotic British rule; acknowledgement of the Gandhian ideals; the climate of international opinion and the American experience.