Effectiveness of Fundamental Rights in India
Why in news?
Former Supreme Court judge J. Chelameswar expressed doubts about the practical effectiveness of Fundamental Rights in protecting common people, suggesting an audit might yield 'uncomfortable' findings.
Key points
- Former SC judge J. Chelameswar questions the efficacy of Fundamental Rights in safeguarding ordinary citizens.
- He suggested that an audit of these rights might reveal 'uncomfortable' truths about their real-world impact.
- Chelameswar noted that deprivation of liberty can occur based on a government official's belief that an individual's activity is detrimental to national sovereignty.
- He stressed the need for the judicial fraternity to examine the direction of the constitutional system and identify systemic flaws.
- The remarks were made during a conference on the future of legal education.
Background & context
Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12-35). They guarantee civil liberties to citizens and aim to protect them from state actions and ensure equality. Key rights include the right to equality, freedom of speech and expression, right to life and personal liberty, and freedom of religion.
★ Prelims fact capsule
Article 21 guarantees the Right to Life and Personal Liberty.
✎ Mains relevance
GS Paper II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Separation of powers and dispute redressesal mechanisms.