Are Fundamental Rights Absolute?
Are Fundamental Rights Absolute?
Short Answer:
No, Fundamental Rights in India are not absolute. While they are essential for individual liberty and dignity, they can be restricted under certain circumstances as provided by the Constitution.
Constitutional Basis:
Article 12–35: Lists Fundamental Rights.
Reasonable Restrictions:
Many Fundamental Rights explicitly allow reasonable restrictions in the interest of sovereignty, integrity, security, public order, morality, and decency.
Examples:
Article 19(2): Reasonable restrictions on freedom of speech and expression.
Article 19(3): Restrictions on assembly.
Article 19(6): Restrictions on trade, commerce, and profession in public interest.
Key Points:
Fundamental Rights vs Public Interest:
Rights are balanced with public interest, security of the state, and social welfare.
Judicial Interpretation:
The Supreme Court has consistently held that no right is absolute; all are subject to reasonable restrictions.
Important Case Law:
Romesh Thappar v. State of Madras (1950)
Freedom of speech is a Fundamental Right.
The Court held that the state can impose restrictions only if they are reasonable and necessary in a democratic society.
A.K. Gopalan v. State of Madras (1950)
Right to personal liberty (Article 21) is subject to procedure established by law, showing rights are not unlimited.
State of Madras v. V.G. Row (1952)
Fundamental Rights can be restricted for public interest, especially when the restriction is reasonable and proportionate.
Maneka Gandhi v. Union of India (1978)
Expanded the interpretation of Article 21.
Confirmed that even reasonable restrictions must follow due process and fairness.
Conclusion:
Fundamental Rights are essential but not absolute.
They are subject to reasonable restrictions in the interest of the sovereignty, integrity, security of the state, public order, decency, morality, and social welfare.
The judiciary ensures a balance between individual liberty and public interest, preventing arbitrary use of restrictions.
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