FEATURES OF FUNDAMENTAL RIGHTS [ PART – 1]: UPSC Daily Important Topic | 24 May 2023

FEATURES OF FUNDAMENTAL RIGHTS [ PART – 1]

1. Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.

2. They are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the courts.

3. Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control.

4.  All of them are available against the arbitrary action of the state. However, some of them are also available against the action of private individuals.

5. Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.