Fundamental rights in India are guaranteed by the Constitution, there are certain exceptions and limitations to these rights. These exceptions are intended to strike a balance between individual liberties and the broader interests of society, security, and governance. The Constitution itself contains provisions that outline these exceptions.
- Article 19 – Right to Freedom:
- Article 19 of the Constitution guarantees certain freedoms, including freedom of speech and expression, assembly, association, etc. However, these freedoms are not absolute, and reasonable restrictions can be imposed by the State in the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency, or morality.
- Article 19(2) to (6) – Reasonable Restrictions:
- Article 19(2) to (6) specifically enumerates the grounds on which the State can impose reasonable restrictions on the freedoms guaranteed under Article 19. These include restrictions on grounds of public order, security of the State, sovereignty and integrity of India, friendly relations with foreign states, incitement to an offense, and defamation.
- Article 20 – Protection in respect of conviction for offenses:
- Article 20 provides protections in criminal cases, including the right against double jeopardy (being tried for the same offense twice) and protection against self-incrimination (the right to remain silent). However, these protections are subject to certain exceptions, such as laws providing for preventive detention.
- Article 33 – Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.:
- Article 33 allows Parliament to modify the application of fundamental rights to members of the armed forces, paramilitary forces, police forces, and intelligence agencies in the interest of discipline and national security. This includes the power to restrict or abrogate certain rights for these personnel.
- Article 34 – Restriction on rights conferred by this Part while martial law is in force in any area:
- Article 34 allows Parliament to enact laws restricting or suspending the application of certain fundamental rights during periods when martial law is in force in any area.
- Article 359 – Suspension of the enforcement of the rights conferred by Part III during emergencies:
- Article 359 empowers the President to suspend the enforcement of certain fundamental rights during a national emergency declared under Article 352. However, certain rights, such as those related to life and personal liberty (Article 21) and the right to constitutional remedies (Article 32), cannot be suspended even during an emergency.
- Article 15(4) and Article 16(4) – Special provisions for the advancement of socially and educationally backward classes:
- These articles allow the State to make special provisions for the advancement of socially and educationally backward classes and for the reservation of seats in educational institutions and government jobs.
- Article 25(2)(b) – Social welfare and reform:
- While Article 25 guarantees the right to freedom of religion, Article 25(2)(b) allows the State to make laws providing for social welfare and reform.
- Article 17 – Abolition of untouchability:
- The prohibition of untouchability (Article 17) is an absolute right, and no exceptions are allowed. Any practice of untouchability is considered a criminal offense.
It’s important to note that these exceptions are designed to be reasonable and necessary in a democratic society. The Constitution provides a framework for judicial review to ensure that restrictions imposed on fundamental rights meet the criteria of reasonableness and proportionality. The courts play a crucial role in interpreting and upholding the balance between individual rights and the broader interests of the community.
