Criticism & Significance of Fundamental Rights

Criticism of Fundamental Rights (FRs) 👉 Critics point out the following problems: Excessive Limitations Rights are full of exceptions, restrictions, qualifications. “Given with one hand, taken away with the other.” – Jaspat Roy Kapoor. Example: Freedom of Speech (Art. 19) restricted for public order, morality, security etc. No Social & Economic Rights Only civil & political rights given. Missing: Right to work, health, social security, rest, leisure etc. Other constitutions (USSR, China) included them. In India → put under DPSPs (Part IV), not FRs. Lack of Clarity Terms like reasonable restriction, public order, minorities not defined clearly. Too legalistic → “Paradise for lawyers” – Sir Ivor Jennings. No Permanency FRs not sacrosanct → can be curtailed/removed by Parliament. Example: Right to Property abolished in 1978 (44th Amendment). Only protection: Basic Structure Doctrine (Parliament can’t change basic features). Suspension During Emergency During National Emergency, FRs (except Art. 20…