Fundamental Rights During An Emergency In India

Koshika Malhotra, Vivekananda Institute of Professional Studies, Technical Campus (VIPS- TC), GGSIPU

INTRODUCTION

Article 12-35 included in Part III1 of the Indian Constitution deals with fundamental rights. These rights guarantee certain freedoms and protections that are necessary for the citizens of a country. These rights are fundamental because they are necessary for the very survival of the citizens and in case of any violation in relation to these rights, the citizens of a country are free to approach the courts. Our freedom fighters and founding fathers had an ardent desire that the future constitution of India should guarantee fundamental entitlements for the citizens of India. These fundamental rights include Right to Equality2, Right to Freedom3, Right against exploitation4, Right to freedom of religion5, Cultural and educational rights6, and the Right to Constitutional remedies7. In 1978, the right to property mentioned in Article 31 was repealed by the 44th Amendment Act as it was found contrary to other fundamental rights, particularly the right to equality. It, however, has been reallocated to article 300A of part XII as a legal right now.8

These above-mentioned rights are not absolute and there are reasonable restrictions imposed on all citizens of a country. The President has the power to withdraw these rights during the time of an emergency, the only exception being the right to life. An emergency in a country can stem from external reasons, internal reasons, or financial reasons.