Exigency of liberty of the individual should always follow the interests of the State. Discuss the statement with reference to Indian Constitutional provisions.
Main Body
Indian Constitution is a 'Transformative Constitution' & a 'Cosmopolitan document' that aims to give a life of dignity to all.
Liberty agates to the opportunities for development of individuals personality with responsible jurisdictions.
Provisions of Indian Constitution:
(A) Fundamental Rights
(D) Right to constitutional remedies also article 32 comes with some restrictions like state cannot be used to determine the constitutionality of law.
(B) Right to freedom under article 19-23 is also subject to reasonable restrictions like public order, constitutional provisions, sovereignty, & integrity etc.
(C) Right against child labour & human trafficking under article 23,24 → state can take the services of people without paying & can ask others to defend the country.
(D) Right to freedom of religion under article 25 → is also subject to reasonable restrictions like public order, morality etc.
(E) Cultural & educational rights of minorities under article 29,30 are also subject to the restrictions imposed by state & other constitutional provisions
(F) Right to constitutional remedies also article 32 comes with some restrictions like state cannot be used to determine the constitutionality of law.
Way ahead:
— VIKAS · AIR 27
- Clear framing of Indian Constitution as 'Transformative Constitution'
- Systematically addressed multiple fundamental rights
- Connected each right to reasonable restrictions and state interests
- Good use of specific article numbers
- Comprehensive coverage of all relevant articles
- Systematic articulation of restrictions on each right
- Philosophical conclusion invoking Gandhi on duties
- Practical way forward suggestions
VIKAS
Individual Liberty vs State Interest
Constitutional Balance Between Liberty and State Powers
Fundamental Rights and Reasonable Restrictions in Indian Constitution
305
Total words
4
Paragraphs
analytical and constitutional
Tone