Concept Of Fundamental Rights
The contents of rights change with time and place. In modern democracy, which is necessarily a representative government, ruled by a majority party, there is a serious danger to individual rights. The rights of the individuals or of minorities may be invaded or denied by the ruling majority by changing the existing laws. This needs a special need to protect rights. From such needs arises the idea of Fundamental Rights in modern times. Fundamental Rights are those basic rights of the individual which are regarded as fundamental to his very existence.
They are the rights to life, liberty and property, rights to freedom of speech, opinion, press and the freedom of worship, etc. They are incorporated into the written constitution of a country as a Bill of Rights. Fundamental Rights are available to an individual both against other individuals and against the government itself. They are granted to him even against the executive and legislative powers of the government. In a democratic government, the legislative majority can invade the rights of the- minorities by making new laws or amending the old ones which contravene the provisions of the constitution.
They are thus granted constitutional sanctity and sanction. As we know, a written constitution is difficult to amend or change. These rights are thus placed above political controversies of the majority and minority parties in the legislature. Thus they are assured to the citizens. Moreover, Fundamental Rights are further secured by making them justifiable before the law-courts, especially the highest court in the country. The judges are made the guardians of the constitution. Whenever a Fundamental Right is violated by the legislative or executive authority of the government, the aggrieved party or individual can seek the protection of the courts and can have the contravening law declared ultra vires by it and, therefore, null and void.