Fundamental rights are not gifts bestowed upon by the state rather an individual possesses them independently of the state. In this context discuss the desirability of reasonable restrictions on various fundamental rights.

Fundamental rights are basic human rights enshrined in the constitution under Part III. (Art 12 - 35) → These are basic human rights that should be endowed to every human. → Fundamental right features & independence from state. Eg: State can't keep or take away any fundamental right as it is basic structure (P23: Substanial Case - constitutional morality was upheld (Art 14) → Ensure base principles like Right to life & library (Art 21) → Equal protection of law and negative discrimination for tribals (Art 14 & 15 frequently) (P23: limited power of parliament to amend)

Desirability of reasonable restrictions (1) Fundamental rights are not saccroscant. (2) One fundamental right can endanger other basic rights too → Eg: right to free speech & expression [Art 19(1)g] can lead to hate speech → Defamation continued by court etc → this violation [1926] (3) Reasonable restriction keep check on individual's rights to maintain rule of law → Eg: right to move freely of a person can endanger cultural rights (Art 25) of tribals. (4) To ensure right to life & library (Art 21) → By 'right to privacy' can't be abused by others as the basic essential part of human life & dignity. (5) Reasonable restrictions to protect public order, sovereignty & integrity of nation. → Eg: Art 19(2)

— THAKUR, ANJALI AJAY · AIR 43