Points to Remember:
- Fundamental Rights in the Indian Constitution.
- The concept of “Necessary Evil” in constitutional interpretation.
- Specific Fundamental Rights and their potential limitations.
Introduction:
The Indian Constitution guarantees several Fundamental Rights under Part III, aiming to secure the liberty and dignity of its citizens. However, the exercise of these rights isn’t absolute. Certain limitations exist, often described as “necessary evils” â?? restrictions deemed essential for maintaining public order, national security, or other compelling state interests. The question asks us to identify which Fundamental Right is particularly associated with this concept of a “necessary evil.” This requires an analytical approach, examining each option to determine which most frequently faces justifiable restrictions.
Body:
A. Protection of certain rights regarding freedom of speech, etc. (Article 19): This right, encompassing freedom of speech and expression, assembly, association, movement, residence, and profession, is arguably the most frequently associated with the “necessary evil” concept. While crucial for a democratic society, Article 19 explicitly allows for reasonable restrictions in the interest of sovereignty, integrity, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, or incitement to an offense. These restrictions, while limiting the freedom, are considered necessary to prevent chaos and maintain social harmony. For example, restrictions on hate speech fall under this category.
B. Protection in respect of conviction for offenses (Article 20): This article deals with protection against ex-post facto laws, double jeopardy, and self-incrimination. While crucial for a fair trial, the limitations here are procedural rather than substantive. The “necessary evil” concept doesn’t directly apply to the inherent limitations within Article 20 itself.
C. Protection of life and personal liberty (Article 21): This right is considered the most fundamental of all. However, even this right is subject to reasonable restrictions, particularly in the context of preventive detention (though this is subject to strict judicial scrutiny). While the state can curtail this right under specific circumstances (e.g., national emergency, public order), the restrictions are considered a “necessary evil” to maintain order and security. However, the restrictions must be proportionate and justifiable.
D. Protection against arrest and detention in certain cases (Articles 22): This article provides safeguards against arbitrary arrest and detention. While it limits the power of the state, it doesn’t inherently involve the concept of a “necessary evil” in the same way as Article 19. The limitations are procedural and aimed at ensuring due process, not at balancing fundamental rights against state interests in the same way as Article 19.
Conclusion:
While several Fundamental Rights can be subject to limitations, the right to freedom of speech and expression (Article 19) is most strongly associated with the concept of a “necessary evil.” The inherent tension between individual liberty and the need for social order necessitates reasonable restrictions on this right. These restrictions, while limiting individual freedom, are deemed necessary to prevent harm to society. A balanced approach is crucial: restrictions must be narrowly tailored, proportionate to the threat, and subject to judicial review to prevent abuse. Moving forward, a robust judicial system and transparent legislative processes are essential to ensure that limitations on fundamental rights remain truly “necessary evils” and not tools for suppressing dissent or undermining democratic values. The focus should always be on upholding the spirit of the Constitution while safeguarding the interests of the nation.
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