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Characteristics of Fundamental Rights: Part 2
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Characteristics of fundamental rights like - suspension of fundamental rights, restrictions on fundamental rights and the need for restrictions, fundamental rights as negative obligations on the state and scope of fundamental rights in terms of applicability to citizens and aliens explained

Deepika Reddy Magham is teaching live on Unacademy Plus

Deepika Reddy Magham
BCA, LLB, MBA; Director, Shikara IAS Academy; 10 years experience in teaching Indian Polity, Ethics, Indian Society and Social Justice.

Unacademy user
mam all chapter caver karayegi
Shalini mishra
3 months ago
Yes.
In case for example if member from Indian Military is posting a FB post saying our neighbouring country China have crossed the borders to secure our land. In return if a citizen writes back something that is against the way china have crossed the border. Is it a failure from citizen in maintaining soverinity,integrity of this nation
not really because he is just commenting on what is posted by the army. also it neither violates the unity of the nation nor the friendly relationship with the neighbouring country
Shyam
a year ago
Thank You Madam
rights avlbl to citizen are 15 16 19 30.. and to both citizen and alien are 14 20 21 21 22 23 24 25 28 plz what about rest of the right.. little confused here plz clarify mam
Hi Bipin 17 is a safeguard available only to one section of Indian society and that is the Scheduled castes. you can consider it to be available to citizens. 18(1), 18(4) are for both citizens and aliens whereas 18(2) is exclusive to citizens and 18 (3) is exclusive to aliens. The rest of the rights are classified in the lesson. hope it clear now. any further clarification, if required, please post
Bipin Kumar
a year ago
thank u mam for ur prompt reply... only one section ... clarified my doubt.. gud nit mam
Bipin Kumar
a year ago
thank u mam for ur prompt reply... only one section ... clarified my doubt.. gud nit mam
Hello Ma'am, another wonderful lecture from your side. Here, at 6:15 you mentioned that "...except 19,20,21 all FRs "maybe" suspended...". I'm getting confused about the fact is this a possibilty of partial suspension?
Hi Tanay. The reason I said may be is because the other rights will not be automatically suspended. The President has to issue a separate order in which he should mention which rights are being suspended. In the case of Article 19, it is automatic suspension
Thanks ma'am for the clarification. :) :)
rights avlbl to citizen are 15 16 19 30.. and to both citizen and alien are 14 20 21 21 22 23 24 25 28 plz what about rest of the right.. little confused here plz clarify mam
thanks for this amazing lecture Deepika Mam..😊😊
  1. RIGHTS LESSON 5- CHARACTERISTICS OF FRS M. DEEPIKA REDDY HYDERABAD


  2. 3. SUSPENDABLE IN NATURE Fundamental Rights cannot be claimed during National emergency Articles 358 and 359 deal with suspension of Fundamental Rights.


  3. Article 358 deals with suspension of Article 19 Article 359 states that Articles 20 and 21 cannot be suspended under any circumstances


  4. 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.


  5. 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


  6. 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


  7. 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.


  8. 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)


  9. 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)