Exceptions to the Fundamental Rights, Constitutional Rules

Fundamental Rights guaranteed by the Indian Constitution protect the liberty, equality and dignity of citizens. However, these rights are not absolute. The Constitution provides certain exceptions and reasonable restrictions to maintain public order, national security, morality and the interests of society.

These exceptions are important because individual rights sometimes need to be balanced with the collective interests of the nation.

Why are there Exceptions to Fundamental Rights?

Fundamental Rights cannot be unlimited because unrestricted exercise of one person’s rights may affect the rights and security of others.

For example, freedom of speech does not give a person the unrestricted right to make statements that threaten national security or incite violence.

Therefore, the Constitution allows certain reasonable restrictions and exceptions while protecting the basic purpose of Fundamental Rights.

Exceptions to the Fundamental Rights

1. Reasonable Restrictions on Fundamental Rights

Several Fundamental Rights, particularly those under Article 19, are subject to reasonable restrictions.

The State can impose restrictions on freedoms such as speech and expression in the interests of:

• Sovereignty and integrity of India
• Security of the State
• Friendly relations with foreign States
• Public order
• Decency or morality
• Contempt of court
• Defamation
• Incitement to an offence

However, restrictions must be reasonable and cannot be arbitrary.

2. Special Provisions under Article 33

Article 33 allows Parliament to modify or restrict Fundamental Rights of members of:

• Armed Forces
• Forces maintaining public order
• Intelligence organisations
• Organisations connected with intelligence

The purpose is to ensure discipline and proper functioning of these organisations.

For example, members of the armed forces may face restrictions on certain forms of speech, association or political activity that could affect discipline.

3. Protection under Article 34

Article 34 deals with situations where martial law is in force in any area.

Parliament can provide legal protection for acts done by persons in connection with maintaining or restoring order during such circumstances.

The purpose is to enable authorities to restore public order and security in exceptional situations.

4. Laws Made to Implement Certain Directive Principles

Article 31C provides protection to certain laws made to give effect to the principles specified in Article 39(b) and Article 39(c).

These provisions relate broadly to:

• Distribution of material resources of the community for the common good.
• Preventing the concentration of wealth and means of production to the common detriment.

However, the scope of Article 31C has been significantly limited by the Supreme Court.

5. Protection of Laws under the Ninth Schedule

The Ninth Schedule was introduced through the First Constitutional Amendment Act, 1951.

Laws placed in the Ninth Schedule were initially intended to receive protection from challenges based on certain Fundamental Rights, particularly to facilitate land reform legislation.

However, this protection is not absolute.

In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws inserted into the Ninth Schedule after 24 April 1973 can be reviewed if they violate the basic structure of the Constitution.

6. Article 35 and Parliament’s Special Legislative Power

Article 35 gives Parliament exclusive power to make laws concerning certain matters related to Fundamental Rights.

These include laws relating to:

• Residence requirements in certain cases.
• Restrictions on Fundamental Rights of members of certain forces and organisations.
• Punishment for acts such as untouchability and other offences mentioned in Part III.

This means that, in certain Fundamental Rights matters, the power to make legislation lies specifically with Parliament rather than State Legislatures.

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Exceptions During an Emergency

The Constitution also provides special provisions concerning Fundamental Rights during a National Emergency.

Suspension of Article 19

Under Article 358, when a National Emergency is declared on the grounds of war or external aggression, the freedoms guaranteed under Article 19 receive special treatment.

The protection under Article 358 is linked specifically to emergencies declared on these grounds.

Suspension of the Right to Move Courts

Under Article 359, the President may suspend the right to move any court for the enforcement of specified Fundamental Rights during a National Emergency.

However, Articles 20 and 21 cannot be suspended under Article 359.

This protection was strengthened by the 44th Constitutional Amendment Act, 1978.

Are Fundamental Rights Absolute?

No, Fundamental Rights are not absolute. The Constitution itself provides for reasonable restrictions and special provisions. At the same time, these restrictions are subject to constitutional limitations and judicial review. The judiciary plays an important role in ensuring that restrictions do not unnecessarily or arbitrarily take away individual freedoms.