Exceptions to Fundamental Rights in the Constitution of India

Introduction to Fundamental Rights

Concept of Fundamental Rights

Fundamental Rights are essential human rights enshrined in Part III of the Indian Constitution. They are guaranteed to all citizens, serving as a cornerstone for political democracy. These rights ensure that individuals can enjoy the liberty and freedom necessary for their development and protection against state incursion or discrimination. The inspiration for these rights is drawn from the Bill of Rights in the USA, which emphasizes the safeguarding of individual liberties.

Significance in Political Democracy

In a democratic setup, Fundamental Rights are crucial as they provide the framework for the functioning of democracy by protecting individual freedoms. They act as a safeguard against the misuse of power by the state, ensuring that citizens have the freedom to express themselves, assemble peacefully, and practice any religion of their choice, among others. This protection helps maintain a balance between the authority of the state and the liberties of the individual, fostering a just and equitable society.

Part III of the Indian Constitution

The Fundamental Rights are listed in Part III of the Indian Constitution, spanning Articles 12 to 35. These rights include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. Each right serves a unique purpose in safeguarding the interests of individuals and ensuring that they are treated with respect and dignity.

Inspiration from the Bill of Rights (USA)

The Bill of Rights of the United States, comprising the first ten amendments to the US Constitution, has significantly influenced the framing of Fundamental Rights in India. These amendments were introduced to protect the basic freedoms of individuals from excessive governmental interference. Similarly, the Indian Constitution incorporates Fundamental Rights to provide a protective shield for its citizens' liberties and to prevent any potential abuse of power by the state.

Historical Context and Adoption

The adoption of Fundamental Rights in the Indian Constitution was a result of extensive discussions and deliberations in the Constituent Assembly. Prominent figures like Dr. B.R. Ambedkar, Sardar Vallabhbhai Patel, and Jawaharlal Nehru played pivotal roles in shaping these rights. The inclusion of these rights was seen as a necessary step to ensure a just society, free from discrimination and inequality.

Protection against State Incursion

One of the primary objectives of Fundamental Rights is to protect individuals from any unwarranted interference by the state. These rights ensure that the government cannot arbitrarily curtail the freedoms of its citizens. For example, the Right to Freedom of Speech and Expression allows individuals to voice their opinions without fear of retribution from the state.

Prohibition of Discrimination

Fundamental Rights aim to eliminate discrimination on various grounds such as religion, race, caste, sex, or place of birth. Article 15 specifically prohibits discrimination by the state, thereby promoting equality among citizens. This provision is crucial in a diverse country like India, where historical social hierarchies have often led to discrimination against certain groups.

Important People, Places, Events, and Dates

Key Figures

  • Dr. B.R. Ambedkar: As the Chairman of the Drafting Committee, he played a crucial role in formulating the Fundamental Rights.
  • Jawaharlal Nehru: India's first Prime Minister, who advocated for the inclusion of these rights to ensure justice and equality.
  • Sardar Vallabhbhai Patel: Contributed significantly to the discussions around the inclusion of Fundamental Rights in the Constitution.

Historical Events

  • Constituent Assembly Debates: Held between 1946 and 1949, these debates were instrumental in shaping the Fundamental Rights.
  • Adoption of the Constitution: On January 26, 1950, the Constitution of India came into effect, granting these rights to all citizens.

Key Dates

  • December 9, 1946: The Constituent Assembly first met to draft the Constitution.
  • November 26, 1949: The Constitution was adopted by the Constituent Assembly.
  • January 26, 1950: The Constitution of India came into force, marking the beginning of a new era of democratic governance.

Articles 31A, 31B, and 31C: Exceptions to Fundamental Rights

Introduction to Constitutional Exceptions

The Indian Constitution, while guaranteeing Fundamental Rights, also incorporates specific provisions that act as exceptions to these rights. Articles 31A, 31B, and 31C are pivotal in this regard, safeguarding certain laws from being invalidated on the grounds of violating fundamental rights. These articles primarily focus on protecting laws related to agrarian reforms, socio-economic justice, and the implementation of directive principles.

Article 31A: Protection of Laws

Purpose and Scope

Article 31A was introduced to protect certain categories of laws from being challenged as violating Fundamental Rights, particularly focusing on agrarian reforms. It provides immunity to laws concerning:

  • Acquisition of estates or rights therein
  • Management of properties by the state for public welfare
  • Amalgamation of corporations
  • Abolition or modification of rights of landowners or tenants

Judicial Review and Impact

Judicial review is a critical component of Indian democracy, allowing the judiciary to examine the constitutionality of legislative enactments. However, Article 31A limits this power by safeguarding certain laws from judicial review. This exception was crucial in facilitating land reforms and redistributing land to achieve socio-economic justice.

Historical Context

Article 31A was inserted through the First Amendment in 1951, amid the need for implementing land reforms in post-independence India. It aimed to address inequalities and enable the state to enact progressive legislation without the fear of such laws being struck down by the judiciary.

Article 31B: The Ninth Schedule and Immunity

The Ninth Schedule

Article 31B provides a unique mechanism through the Ninth Schedule of the Constitution. Laws placed under this schedule are immune from being challenged in courts on the grounds of violating fundamental rights. This provision ensures that socio-economic reforms are not impeded by judicial intervention.

Key Amendments and Laws

The Ninth Schedule initially contained 13 laws when it was introduced by the First Amendment in 1951. Over time, numerous laws have been added, particularly those related to land reforms and the abolition of the zamindari system. The schedule continues to evolve, reflecting the dynamic nature of Indian governance and the need to protect certain legislative measures.

Landmark Judicial Interpretation

The landmark case of I.R. Coelho vs. State of Tamil Nadu (2007) revisited the scope of Article 31B and the Ninth Schedule. The Supreme Court ruled that laws placed under the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution. This decision marked a significant development in balancing legislative intent and constitutional supremacy.

Article 31C: Directive Principles over Fundamental Rights

Directive Principles and Their Importance

Article 31C was introduced by the 25th Amendment in 1971, prioritizing Directive Principles of State Policy over Fundamental Rights. It protects laws that seek to implement Directive Principles, particularly those aimed at:

  • Securing a social order for the promotion of welfare
  • Eliminating economic inequalities
  • Ensuring equitable distribution of wealth

Immunity and Amendments

Article 31C grants immunity to laws that strive to achieve the objectives of certain Directive Principles from being challenged for violating fundamental rights. This provision underscores the constitutional commitment to realizing socio-economic justice, even at the cost of individual rights.

Judicial Challenges and Landmark Cases

The Kesavananda Bharati vs. State of Kerala (1973) case profoundly impacted Article 31C. The Supreme Court held that while Directive Principles are fundamental in governance, they cannot undermine the basic structure of the Constitution. This verdict emphasized the need for a harmonious interpretation of Directive Principles and Fundamental Rights.

Important People, Events, and Dates

  • Jawaharlal Nehru: As the first Prime Minister of India, he was instrumental in advocating for constitutional amendments that prioritized socio-economic reforms.
  • Indira Gandhi: Her government introduced significant amendments, including the 25th Amendment, reflecting a shift towards socialist policies.
  • First Amendment (1951): Introduced Articles 31A and 31B, marking a pivotal moment in the constitutional journey towards land reforms and socio-economic justice.
  • 25th Amendment (1971): Brought Article 31C into the Constitution, reinforcing the focus on Directive Principles.

Landmark Dates

  • April 24, 1973: The date of the Kesavananda Bharati judgment, which set the precedent for the basic structure doctrine and limited the scope of Article 31C.
  • January 10, 1966: The date when the Ninth Schedule was extended to include additional laws, highlighting the evolving nature of constitutional protections. Articles 31A, 31B, and 31C reflect the Indian Constitution's adaptability in addressing socio-economic challenges. These provisions ensure that the state's legislative actions aimed at achieving social justice are not hindered by the rigid application of Fundamental Rights, thereby maintaining a balance between individual liberties and collective welfare.

Judiciary vs. Legislature: The Right to Property and Land Reforms

Historical Context of the Right to Property

The Right to Property was originally enshrined as a Fundamental Right under Article 31 of the Indian Constitution. However, due to the socio-political climate and the necessity for land reforms post-independence, this right became a contentious point between the judiciary and the legislature. The conflict primarily arose because the Right to Property was seen as an impediment to implementing equitable land reforms aimed at redistributing land to the landless and marginalized sections of society.

The Judiciary and the Right to Property

Judicial Interpretation and Intervention

The judiciary, as the guardian of Fundamental Rights, often interpreted the Right to Property in a manner that protected individual property rights against state encroachment. This judicial stance was evident in several landmark cases where the courts struck down legislative attempts to acquire property without adequate compensation, viewing such actions as unconstitutional.

  • Golaknath vs. State of Punjab (1967): This landmark case exemplified judicial intervention where the Supreme Court held that Parliament could not amend Fundamental Rights, including the Right to Property, under Article 368 of the Constitution. This decision emphasized the inviolability of Fundamental Rights, setting a precedent for future conflicts.

The Legislature's Push for Land Reforms

Legislative Amendments and Initiatives

The legislature, driven by the mandate to ensure social justice and equality, sought to amend the Constitution to facilitate land reforms. These amendments aimed to prioritize socio-economic objectives over individual property rights, reflecting a shift towards a more socialist framework.

  • First Amendment (1951): Introduced Articles 31A and 31B to protect laws related to land reforms from judicial review, signaling the legislature's resolve to bypass judicial hurdles.
  • 25th Amendment (1971): Added Article 31C, allowing laws implementing certain Directive Principles to override Fundamental Rights, further reflecting the legislative intent to prioritize socio-economic reforms.

Conflict and Constitutional Amendments

Articles 31A, 31B, and 31C: Resolving the Conflict

The introduction of Articles 31A, 31B, and 31C was a legislative response to the judiciary's protection of property rights. These articles served as exceptions to Fundamental Rights, allowing for land reforms and socio-economic legislation without the fear of being invalidated by the judiciary.

  • Article 31A: Provided immunity to laws related to the acquisition of estates, rights of landowners, and management of properties by the state, ensuring that agrarian reforms could be implemented effectively.
  • Article 31B and the Ninth Schedule: Allowed for the inclusion of specific laws under the Ninth Schedule, making them immune to judicial review. This mechanism was crucial for protecting land reform laws from being struck down by courts.
  • Article 31C: Shielded laws aimed at fulfilling Directive Principles from being challenged for violating Fundamental Rights, thus prioritizing collective welfare over individual property rights.

Key People, Events, and Dates

Prominent Figures

  • Jawaharlal Nehru: As the first Prime Minister, Nehru was a strong advocate for land reforms and played a pivotal role in pushing for constitutional amendments that supported socio-economic justice.
  • Indira Gandhi: Her tenure marked significant constitutional amendments, including the 25th Amendment, reflecting a greater emphasis on socialist policies and land reforms.

Notable Events

  • Constituent Assembly Debates (1946-1949): These debates laid the foundation for the Right to Property and its eventual transformation from a Fundamental Right to a mere constitutional right.
  • Kesavananda Bharati vs. State of Kerala (1973): This case was a turning point where the Supreme Court articulated the basic structure doctrine, limiting Parliament's power to amend the Constitution, including provisions affecting property rights.

Important Dates

  • 1951: The First Amendment was enacted, introducing Articles 31A and 31B, marking a significant shift in addressing land reforms.
  • 1971: The 25th Amendment was passed, adding Article 31C, reflecting a legislative strategy to implement Directive Principles over Fundamental Rights.
  • April 24, 1973: The Kesavananda Bharati judgment was delivered, establishing the basic structure doctrine, which influenced the interpretation of property rights and legislative amendments.

Impact of Land Reforms and Property Rights

Socio-Economic Implications

The legislative push for land reforms, facilitated by the constitutional amendments, aimed to dismantle feudal land structures and promote equitable distribution of resources. This shift was instrumental in addressing historical injustices and enabling rural development. The conflict between the judiciary and the legislature underscored the dynamic nature of constitutional governance in India, balancing individual rights with collective welfare.

Significant Constitutional Amendments and Cases

Overview of Constitutional Amendments

Constitutional amendments in India have played a pivotal role in shaping the relationship between the legislature and judiciary, especially concerning Fundamental Rights and their exceptions. The power to amend the Constitution is vested in the Parliament under Article 368, yet this power has been subject to judicial scrutiny, notably in landmark cases. The interplay between constitutional amendments and judicial interpretation has led to significant developments in Indian constitutional law.

Key Constitutional Amendments

  • First Amendment (1951): This amendment introduced Articles 31A and 31B, marking a significant shift in addressing land reforms and socio-economic justice. It aimed to protect laws related to land acquisition and agrarian reforms from being invalidated by the judiciary, responding to the socio-economic needs of post-independence India.
  • 25th Amendment (1971): This amendment added Article 31C, emphasizing the implementation of Directive Principles of State Policy over Fundamental Rights. It was a legislative attempt to prioritize socio-economic goals and provide constitutional protection to laws seeking to achieve social and economic justice.
  • 42nd Amendment (1976): Known as the "mini-Constitution," this amendment attempted to reduce the power of the judiciary and enhance the authority of the Parliament. It expanded the scope of Article 31C, allowing laws to be immune from judicial review if they were aimed at implementing any of the Directive Principles.
  • 44th Amendment (1978): This amendment sought to restore the balance between Fundamental Rights and Directive Principles by rolling back some of the changes made by the 42nd Amendment. It nullified the expansion of Article 31C, ensuring that only laws aimed at implementing Articles 39(b) and 39(c) would enjoy immunity from being challenged on the grounds of violating Fundamental Rights.

Landmark Supreme Court Cases

The Indian judiciary has played a crucial role in interpreting constitutional amendments, often resulting in landmark judgments that have shaped the understanding of Fundamental Rights and their exceptions.

Golaknath vs. State of Punjab (1967)

The Golaknath case was a significant turning point in Indian constitutional law. The Supreme Court ruled that Parliament could not amend Fundamental Rights under Article 368. This judgment emphasized the inviolability of Fundamental Rights, asserting that they formed an essential part of the Constitution's basic framework. The case highlighted the judiciary's role in safeguarding individual rights against legislative encroachments.

Kesavananda Bharati vs. State of Kerala (1973)

A landmark judgment in the history of Indian jurisprudence, the Kesavananda Bharati case introduced the "basic structure" doctrine. The Supreme Court held that while Parliament had the power to amend the Constitution, it could not alter its basic structure. This doctrine served as a safeguard against the potential abuse of the amendment process, ensuring that Fundamental Rights and democratic principles were preserved. The judgment reaffirmed the judiciary's role as the guardian of the Constitution, balancing the powers of the legislature.

I.R. Coelho vs. State of Tamil Nadu (2007)

This case revisited the scope of Article 31B and the Ninth Schedule. The Supreme Court ruled that laws placed under the Ninth Schedule after April 24, 1973, were open to judicial review if they violated the basic structure of the Constitution. This decision marked a significant development in balancing legislative intent and constitutional supremacy, reinforcing the judiciary's role in protecting Fundamental Rights.

  • Jawaharlal Nehru: As India's first Prime Minister, Nehru was instrumental in advocating for constitutional amendments that supported socio-economic reforms, reflecting his vision of a socialist framework for India.
  • Indira Gandhi: Her tenure as Prime Minister saw significant constitutional amendments, including the 25th and 42nd Amendments, emphasizing a shift towards socialist policies and reducing judicial intervention.
  • Dr. B.R. Ambedkar: As the Chairman of the Drafting Committee, Ambedkar's vision and contributions were fundamental in shaping the original framework of Fundamental Rights.
  • Constituent Assembly Debates (1946-1949): These debates laid the foundation for the fundamental legal framework of India, including the provisions for Fundamental Rights and the amendment process.
  • Emergency (1975-1977): During this period, the 42nd Amendment was enacted, significantly altering the balance between Fundamental Rights and Directive Principles, which was later addressed by the 44th Amendment.
  • January 26, 1950: The Constitution of India came into force, marking the beginning of democratic governance and the protection of Fundamental Rights.
  • April 24, 1973: The Kesavananda Bharati judgment was delivered, establishing the basic structure doctrine, a cornerstone in the interpretation of constitutional amendments.
  • January 10, 1966: The date when the Ninth Schedule was extended to include additional laws, highlighting the evolving nature of constitutional protections.

Judiciary and the Basic Structure Doctrine

The judiciary, through its interpretations and landmark judgments, has significantly influenced the understanding of exceptions to Fundamental Rights. The basic structure doctrine, articulated in the Kesavananda Bharati case, serves as a critical check on legislative power, ensuring the preservation of constitutional ethos. This doctrine has been pivotal in maintaining the supremacy of the Constitution and safeguarding individual rights against potential legislative overreach.

Limitations and Criticisms of Fundamental Rights

Understanding the Non-absolute Nature of Fundamental Rights

Fundamental Rights in the Indian Constitution, although pivotal for ensuring individual liberties and democratic governance, are not absolute. They are subject to reasonable restrictions to maintain public order, morality, and the sovereignty and integrity of the nation. This non-absolute nature is essential for balancing individual freedoms with societal interests.

Examples of Non-absolute Rights

  • Right to Freedom of Speech and Expression (Article 19(1)(a)): This right is not absolute and can be restricted in the interests of the sovereignty and integrity of India, security of the state, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offense.
  • Right to Assemble Peaceably and Without Arms (Article 19(1)(b)): Subject to restrictions in the interest of public order, ensuring that such assemblies do not disrupt societal harmony.

Suspension of Fundamental Rights during Emergencies

One of the significant limitations of Fundamental Rights is their potential for suspension during emergencies, as provided under Article 352, Article 356, and Article 360 of the Constitution.

Emergency Provisions and Their Impact

  • National Emergency (Article 352): During a national emergency, Fundamental Rights under Article 19 can be suspended. This was notably experienced during the Emergency declared in 1975 by Prime Minister Indira Gandhi, where civil liberties were curtailed, and censorship was imposed.
  • President's Rule (Article 356): Although primarily a state-level intervention, it can indirectly affect the enjoyment of Fundamental Rights due to the centralization of power.
  • Financial Emergency (Article 360): While less impactful on civil liberties, financial emergency can lead to the reduction in salaries and allowances, indirectly affecting rights related to property and livelihood.

Criticisms of the Language and Definition

The language used in defining Fundamental Rights has often been criticized for its vagueness and potential for varied interpretations, leading to ambiguities and legal challenges.

Examples of Ambiguity

  • Right to Equality (Article 14): The phrase "equality before the law" is subject to interpretation, leading to debates over affirmative action policies and reservations.
  • Reasonable Restrictions: The term "reasonable" in the context of restrictions is inherently subjective, leading to judicial interpretation and challenges in courts, as seen in various landmark judgments.

Role of the Parliament in the Abolishment and Amendment

The Parliament has the power to amend the Constitution, including provisions related to Fundamental Rights, under Article 368. This power, however, is not unchecked and has been a point of contention.

Landmark Amendments and Abolishments

  • 44th Amendment (1978): This amendment reversed many provisions of the 42nd Amendment, restoring the balance between Fundamental Rights and Directive Principles, and ensuring the protection of personal liberties.
  • Abolishment of the Right to Property as a Fundamental Right: Through the 44th Amendment, the Right to Property was removed from Part III and made a constitutional right under Article 300A, reflecting the Parliament's power to redefine rights based on socio-economic needs.
  • Dr. B.R. Ambedkar: As the principal architect of the Constitution, he played a crucial role in drafting Fundamental Rights, emphasizing the need for reasonable restrictions.
  • Indira Gandhi: Her regime during the Emergency period demonstrated the potential for suspension and abuse of Fundamental Rights, leading to significant constitutional changes post-Emergency.
  • Emergency Period (1975-1977): A critical event that highlighted the vulnerability of Fundamental Rights during national crises and led to subsequent amendments to safeguard civil liberties.
  • Constituent Assembly Debates: These debates, held between 1946 and 1949, were instrumental in shaping the framework of Fundamental Rights, balancing individual freedoms with societal needs.
  • January 26, 1950: The Constitution of India came into force, introducing Fundamental Rights while acknowledging their limitations.
  • 1978: The year of the 44th Amendment, which marked significant changes to the framework of Fundamental Rights, particularly concerning their suspension and amendment.

Historical and Contemporary Criticisms

Critics have argued that the limitations on Fundamental Rights can lead to potential abuses by the state, particularly during periods of political instability or authoritarian rule. The challenges faced during the Emergency period serve as a historical reminder of these vulnerabilities.

Judicial Oversight

The judiciary has played a vital role in interpreting and safeguarding Fundamental Rights, ensuring that limitations do not undermine the basic structure of the Constitution. Landmark cases such as Kesavananda Bharati vs. State of Kerala (1973) and Maneka Gandhi vs. Union of India (1978) have reinforced the judiciary's role in maintaining the balance between rights and restrictions.

Dr. B.R. Ambedkar

Dr. B.R. Ambedkar, often hailed as the principal architect of the Indian Constitution, played a pivotal role in drafting the Fundamental Rights. His vision emphasized equality, liberty, and fraternity, ensuring protection against discrimination and state overreach. Ambedkar's contributions were instrumental in shaping not only the Fundamental Rights but also their exceptions, balancing individual liberties with societal needs.

Jawaharlal Nehru

As the first Prime Minister of India, Jawaharlal Nehru was a strong advocate for socio-economic reforms. He was influential in the introduction of constitutional amendments such as the First Amendment, which incorporated Articles 31A and 31B to protect land reform laws from judicial review. Nehru's leadership was crucial in navigating the complex interplay between fundamental rights and the socio-economic objectives of the nascent Indian state.

Indira Gandhi

Indira Gandhi, during her tenure as Prime Minister, oversaw significant constitutional changes, including the 25th and 42nd Amendments. Her government prioritized Directive Principles of State Policy, leading to the introduction of Article 31C. The Emergency period (1975-1977) under her rule demonstrated the potential for suspension of Fundamental Rights, subsequently prompting amendments to safeguard civil liberties.

Prominent Legal Figures

  • Nani Palkhivala: A distinguished jurist and constitutional law expert, Palkhivala was instrumental in arguing landmark cases such as Kesavananda Bharati vs. State of Kerala, which introduced the basic structure doctrine.
  • K.K. Venugopal: Another eminent advocate who played a significant role in numerous cases impacting the interpretation of constitutional amendments and Fundamental Rights.

Constituent Assembly Debates (1946-1949)

The debates of the Constituent Assembly were foundational in crafting the Indian Constitution. These discussions highlighted the need for a robust framework of Fundamental Rights and their limitations to ensure a balance between individual liberties and societal welfare. Key issues such as the Right to Property and its eventual amendment were extensively debated.

Kesavananda Bharati Case (1973)

The landmark Kesavananda Bharati vs. State of Kerala case was a turning point in Indian constitutional law. It established the basic structure doctrine, which limits Parliament's power to amend the Constitution in a way that alters its fundamental framework. This case underscored the judiciary's role in safeguarding Fundamental Rights against potential legislative overreach.

Emergency Period (1975-1977)

The Emergency declared by Prime Minister Indira Gandhi marked a significant period in Indian history, during which Fundamental Rights were suspended, and censorship was imposed. This event highlighted the vulnerabilities of the constitutional framework, leading to subsequent amendments aimed at preventing future abuses of power.

Significant Dates

January 26, 1950

The date marks the coming into force of the Constitution of India. This day is celebrated as Republic Day, symbolizing the establishment of democratic governance and the implementation of Fundamental Rights, albeit with their inherent limitations.

April 24, 1973

The Supreme Court delivered the Kesavananda Bharati judgment on this date, articulating the basic structure doctrine. This decision has had a profound impact on the interpretation of constitutional amendments and the protection of Fundamental Rights.

November 26, 1949

On this date, the Constituent Assembly adopted the Indian Constitution, laying the groundwork for a democratic and equitable society. This adoption included the enshrining of Fundamental Rights and the initial framework for their exceptions.

Historical Locations

Parliament House, New Delhi

The Parliament House in New Delhi is the epicenter of legislative activities in India. It is here that significant constitutional amendments have been debated and passed, impacting the scope and interpretation of Fundamental Rights and their exceptions.

Supreme Court of India, New Delhi

The Supreme Court of India, located in New Delhi, has been pivotal in interpreting the Constitution and protecting Fundamental Rights. Landmark judgments such as Golaknath vs. State of Punjab and Kesavananda Bharati vs. State of Kerala were delivered here, shaping the constitutional landscape of India.

Sabarmati Ashram, Ahmedabad

While not directly related to legislative or judicial activities, Sabarmati Ashram holds historical significance as a center for social reform and the Indian independence movement. It symbolizes the broader struggle for justice and equality, values that underpin the Fundamental Rights and their exceptions in the Indian Constitution.