File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The Constitution doesn't permit Arbitrary Exercise of Rights

By Rishabh__Anand__ | Views 7993

The Constitution of India is the longest Constitution of a sovereign country and constitutes the law of the land elaborating the arrangement of governance in the country and rendering certain rights to its citizen which includes legislature and executive for better administration.
In spite of all the virtues of liberal constitution, rights cannot be exercised arbitrarily as we reside in a society where the exercise of one’s right may be adverse to someone else. The Constitution acts as a rulebook that stave off the arbitrary exercise of rights inferred from the illustrations enshrined in terms of articles.
Article 19 – Protection of 6 rights pertaining to freedom of :
1. Speech and Expression,
2. Assembly,
3. Association,
4. Movement,
5. Residence and
6. Profession
  cannot be exercised arbitrarily because although Fundamental Rights assist in individual growth, the absoluteness of rights can result in fatalities to others. Ergo, Constituent Assembly has armed government with reasonable restrictions, which can be imposed to exercise whimsical exercise of rights if it comes to the sovereignty and integrity of India.
Article 21- Protection of Life and personal liberty. The Supreme Court pointed out Right to privacy as a fundamental right in K.S Puttuswamy case , but even that cannot be exercised randomly because if the authorities have just grounds proving that a person is misusing the right to privacy and is causing harm to the nation, he can be convicted of the offence.
Article 22 – Rights against arrest And detention endow authorities to curb someone’s right under Article 21 without informing the grounds of detention if the question of defence, national security and foreign relation come into the picture using a mode of preventative detention.
Reservation provided to the marginalised communities in the country cannot be operated whimsically. Parliament is rendered power to detect those people who could avail the advantage of reservation. Indira Sawhney Case devised the concept of creamy layer to refrain the well-to-do people from use of arbitrary exercise of rights under Article 16, thereby evoking affirmative discrimination for upliftment of the people.
Article 25 to Article 30 – is constrained on grounds of public health, morality and public order.
Article 28 and 30 – Institution to abide by the direction of the government and cannot impose instructions on an individual.
The Constitution endows judicial immunity to the President, Governor, Members of Parliament and State Legislatures, but even they cannot use these privileged rights arbitrarily. They have to abide by law. For instance, Immunity from arrest or detention doesn’t reflect that they are above the law.
Article 105 - No immunity to both the houses of parliament and parliamentary conventions, members of parliament is provided if they exercise their rights arbitrarily in a despotic fashion. For Instance, our former Prime Minister of India was stripped of her rights and was expelled from the house when she was discovered guilty of malpractices.
Article 19 and Article 29 – Every citizen carries a right to speak in their own language given they subscribe to the reasonable restriction. Moving ahead, The Official Language Act, 1963, Hindi and English were accorded with the status. Ergo, the proceedings in the Supreme Court and for all communications for Inter- state deliberations must be in English otherwise, specified. Thus, the Constitution curbs other regional language.
“Due process of Law” which prohibits arbitrary executive and legislative action through the ideals of Judicial Review. Although the constitution authorizes the government to extract taxes through Article 265, it cannot be capricious.
Right to regulate trade by state government doesn’t give them the right to restrict them whimsically and that are shadowed under Article 301.
Further, the President has to select and appoint Senior Judicial Officers but even for that the Constitution, aided by Supreme Court judgements has iterated the procedure which prevents the government from arbitrary appointment.
Hence, every perspective of the Constitution binds the rights of citizens and the authorities alike and ward off the absolute and arbitrary exercise of rights. The Constitution of India has stood the test of time and substantiated to be the vanquisher of rights and also maintained the equilibrium whenever it had to.