Charter of Fundamental Rights

One of the most fundamental demands of the leaders of our national struggle for independence was that of the people having some basic human rights of freedom, equality etc. The problems of minorities accentuated the need of having a formal declaration of certain justiciable fundamental rights in the text of the constitution itself. By and large, the fundamental rights incorporated in Part III of the Constitution are the inviolable rights of the individual against the State. Any laws or executive action depriving an individual citizen of his freedom, for example, can be challenged in the Supreme Court or High Courts. It would be held unconstitutional and invalid unless it is covered by any of the restrictions spelled out again in the Constitution itself. Thus, the Constitution also lays down the machinery and mechanism for the enforcement of fundamental rights. In the U.S. Constitution, the fundamental rights were expressed in absolute terms. But there can be no absolute individual right.  For, the rights of each individual are limited at least by similar rights of other individuals. The Supreme Court of the United States had to find out and identify the legitimate restrictions on the fundamental rights. Our founding fathers, however, decided to incorporate the restrictions within the relevant provisions themselves. Thus, our constitution presents a balance between the rights of the individual on the one hand and the interests of society and the needs of the security of the State on the other.