Deepika Reddy Magham is teaching live on Unacademy Plus
RIGHTS LESSON 5- CHARACTERISTICS OF FRS M. DEEPIKA REDDY HYDERABAD
3. SUSPENDABLE IN NATURE Fundamental Rights cannot be claimed during National emergency Articles 358 and 359 deal with suspension of Fundamental Rights.
Article 358 deals with suspension of Article 19 Article 359 states that Articles 20 and 21 cannot be suspended under any circumstances
4. REASONABLY RESTRICTED Fundamental rights are not unrestricted because every right has a corresponding limitation. The restrictions are laid dowin to balance between individual liberty and public welfare.
Most of the Fundamental Rights are restricted on the fotlowing grounds: (i) to protect the sovereignty and integrity of India. (ii) to maintain friendly relations with the neighboring countries (ii) to maintain public order, morality & decency (iv) to promote the interests of socially educationally backward classes
5. NEGATIVELY WORDED One of the purposes of any Constitution is to limit the power of the state and this is done by guaranteeing certain rights to citizens. Fundamental Rights enshrined in the Constitution are negatively worded i.e., they instruct the State on what it should not do and hence are considered as negative obligations on the State
6. AVAILABLE TO BOTH CITIZENS AND ALIENS Some of the Fundamental Rights are available only to the citizens while other Fundamental Rights are available to both citizens and aliens.
Fundamental Rights that are available to citizens only are Right against discrimination (Article 15) Right against discrimination in matters of public employment (Article 16) Six freedoms guaranteed under Article 19 Cultural and Educational Rights (Articles 29 and 30)
Rights available to both citizens and aliens are - -Equality before law (Article 14) Protection in respect of conviction for offences (Article 20) Right to life and personal liberty (Article 21) Protection against arrest and detention in certain cases Right against Exploitation (Articles 23 and 24) - Right to Education (Article 21A) (Article 22) Right to Freedom of Religion (Articles 25 to 28)