Restrictions and exceptions

Introduction

  1. Fundamental Rights are essential guarantees provided by the Constitution of India under Part III (Articles 12–35).
  2. While these rights are sacrosanct, they are subject to reasonable restrictions and exceptions to maintain social order, security, and public morality.
  3. The restrictions and exceptions aim to balance individual rights with the larger interests of society and the state.

General Principles of Restrictions

  1. Restrictions on Fundamental Rights must be reasonable and not arbitrary.
  2. They must be imposed by a valid law, not by executive orders.
  3. The judiciary has the power to review the constitutionality of restrictions.
  4. The restrictions are detailed under specific articles of the Constitution for each right.

Restrictions on Specific Fundamental Rights

1. Right to Equality (Articles 14–18)

  1. Equality before law (Article 14) does not prevent the state from making special provisions for women, children, or socially and educationally backward classes (Article 15(3) and 15(4)).
  2. Reservation in public employment (Article 16(4)) is an exception to the principle of equality of opportunity.

2. Right to Freedom (Articles 19–22)

  1. The six freedoms under Article 19 are subject to reasonable restrictions on grounds such as:
    • Security of the state.
    • Public order.
    • Decency and morality.
    • Defamation, contempt of court, and incitement to an offense.
    • Sovereignty and integrity of India.
  2. Article 20 protects against ex post facto laws, double jeopardy, and self-incrimination but does not apply during wartime.
  3. Article 21 (Protection of life and personal liberty) allows deprivation of liberty if done through procedure established by law.
  4. Preventive detention (Article 22) allows detention without trial for up to 3 months, extendable under advisory board approval.

3. Right against Exploitation (Articles 23–24)

  1. Article 23 allows the state to impose compulsory service for public purposes, provided it does not discriminate on grounds of race, religion, caste, or class.

4. Right to Freedom of Religion (Articles 25–28)

  1. Freedom of religion (Article 25) is subject to public order, morality, health, and other provisions relating to Fundamental Rights.
  2. Article 26 allows religious denominations to manage their affairs, but this is subject to public order, morality, and health.
  3. Article 27 prohibits religious taxes but allows the state to levy general taxes, even if the proceeds benefit religious institutions.
  4. Religious instruction is prohibited only in state-funded educational institutions (Article 28).

5. Cultural and Educational Rights (Articles 29–30)

  1. The rights of minorities to preserve their culture (Article 29) are subject to the unity and integrity of the nation.
  2. State funding of educational institutions is permissible if non-discriminatory towards minority institutions (Article 30).

6. Right to Constitutional Remedies (Article 32)

  1. The enforcement of Fundamental Rights can be restricted during a National Emergency (Article 352), except for Articles 20 and 21.

Exceptions during Emergencies

  1. During a National Emergency, the President can suspend the enforcement of most Fundamental Rights (Article 359).
  2. The right to move the courts for Fundamental Rights under Article 32 can be suspended except for Articles 20 and 21.
  3. Article 19 freedoms are automatically suspended during a national emergency on the grounds of war or external aggression.

Other Exceptions

  1. Military and police personnel have restrictions on certain rights like forming unions.
  2. The rights under Articles 14 and 19 do not apply to foreigners, except for equality before the law (Article 14).
  3. Certain rights, like the right to education (Article 21A), apply only to citizens.

Judicial Safeguards

  1. All restrictions must pass the test of reasonableness as interpreted by the judiciary.
  2. Courts have the power to strike down laws that impose arbitrary or excessive restrictions on Fundamental Rights.

Conclusion

Restrictions and exceptions to Fundamental Rights are crucial for maintaining societal harmony and national security. However, they must be used judiciously to ensure that the essence of these rights is preserved, and the balance between individual liberty and collective interests is maintained.

Category
Fundamental Rights
Indian Polity and Governance
Under which article can the state impose reasonable restrictions on the right to freedom of speech?
The Right to Equality under Article 14 allows for:
During a national emergency, the rights under which article can be suspended?
The Right to Freedom of Assembly is subject to restrictions based on:
Which article allows preventive detention as an exception to Fundamental Rights?
The right to practice any profession under Article 19 can be restricted in the interest of:
The Right to Constitutional Remedies under Article 32 can be suspended during:
Under Article 15, special provisions can be made for:
The restriction on freedom of speech for maintaining the sovereignty of India is under:
Which article prohibits human trafficking and forced labor?
The Right to Education under Article 21A is subject to restrictions based on:
The right to form associations under Article 19(1)(c) can be restricted for:
During a financial emergency, the restriction on Fundamental Rights affects:
The Right to Freedom of Religion does not include:
The Right against Exploitation under Article 23 permits:
Which article allows the State to impose restrictions on the movement of individuals?
The prohibition of untouchability under Article 17 is subject to:
The Right to Freedom of Assembly cannot be exercised in:
Under Article 22, preventive detention laws require the detained person to be presented within:
The restriction on property acquisition without compensation under Article 31 was removed by:
The Right to Privacy as a part of the Right to Life can be restricted for:
Which Fundamental Right allows for reasonable restrictions in case of contempt of court?
The Right to Information Act is derived from which Fundamental Right?
The restriction on assembly in sensitive areas is imposed under:
Article 25, which ensures freedom of religion, can be restricted in the interest of:
Fundamental Rights under Article 21 are subject to:
Freedom of trade and commerce under Article 19 can be restricted for:
The Right to Equality does not apply to:
The Right to Freedom of Press is restricted for:
Article 18 abolishing titles permits:
The Right to Education under Article 21A can be restricted based on:
During President’s Rule, Fundamental Rights:
Which article allows the restriction of Fundamental Rights for the protection of tribal lands?
Preventive detention for longer than 3 months requires approval under:
Which Fundamental Right cannot be suspended even during an emergency?
The Right to Constitutional Remedies can be restricted by: