Question 1 · 10 marks · 174 words written
Opening · a restatement
Fundamental Rights is enshrined in Part-III of our Constitution, and acts as the guiding light, as similar to the North Star of the universe.
North-Star: Guiding Light
Body · points
establishes political democracy: Right to equality
upholds constitution principles of equality, justice, liberty
prevents arbitrary executive action Art-13 → null & void
prevents arbitrary legislative action checks on legislation
establishes rule of law: Art 21/14.
prevents excesses in form of remedy through writs ex Art-32/226
However, some limitations of Fundamental Right
excessive restrictions limitations ex: Art 19
creates privileges and classification where ex: Art-16 (affirmative action), Art-18 (titles)
prevents state excesses, not private or individual excesses ex writ of Mandamus
prevents meritocracy through certain affirmative actions
not establishment of social justice (that part is covered by DPSP-directive principle)
method to judicial enforcement is delayed.
Close · a summary
Thus, while Fundamental Rights have been described as "conscience to constitution", Jaspal Roy Kapoor described them as "Rights and limitations thereon" thus, they provide a good balance between rights & privileges