Fundamental rights which the constitution guarantees to the citizen of India are called fundamental because they are the basic to the development of human personality. These rights are guaranteed to the citizen of India by the Constitution and no one can encroach upon them and infringe the right of a citizen. Our legal system also provides remedies to those citizens whose fundamental rights have been violated. But only when an emergency is declared in the country, these rights can be suspended by the Central Government. These rights of the citizens can be suspended only up to the law which is related to the emergency and is mentioned in the Presidents order. But even during the period of emergency there are two rights which cannot be suspended are right to life and personal liberty under Art 20 and 21 of the Constitution of India. These rights can be enforced during the period of emergency by moving the court under Art. 32 of the Constitution of India. So, it is the duty of the citizens of India to protect the country from any kind of war, external aggression, armed rebellion or internal disturbances. The citizens should take initiatives for the development of the country and protect the country from every harm. It is easy to see what the purpose was behind making such provisions in the Constitution of India in the first place. But it is important we also realize that even if these provisions are provided for security of the nation and its people, the provisions in themselves give a lot of drastic discretionary powers in the hand of the Executive. It affects the Federal structure of nation, essentially turning it into a unitary one, while it seeks to safe guard the interests of state and its people. Though the need for that is understood, I still think a system of Checks and balances should be brought into place so that unlike in the 1975 emergency, there is no misuse of power by the Legislature or the Executive. Though suspension of Fundamental Rights has been time and time again tried to be Justified, I think they are the most basic to the very existence of the citizens in a democracy. Although the 44th Amendment did add some safety measures to the constitution, there is still chance for unjust violation of Fundamental Rights. Therefore, as there is a provision in the other federal Constitutions, such as Canada and Australia, the Courts should be given power to agree to extent, to which centre can expand its power. It will act as an In-built mechanism to check the arbitrary use of power the discretionary power available under the emergency provisions to the parliament and the executive. I would like to quote Babasaheb Dr.Bhimrao Ambedkar, whose words have always inspired me, to show why every citizen's role is important for the proper functioning of the democracy:
“On 26 Jan 1950, India would be an Independent Country. What would happen to her independence? Will she maintain or will she lose it again? This is the first thought that comes to my mind. It is not that India was never an independent country. The point is that she once lost the independence she had. Will she lose it a second time? It is this thought which makes me most anxious for the future. What perturbs me greatly is the fact that not only India has once before lost her independence, but she lost it by treachery of some of her own people.
Will history repeat itself? It is this thought which fills me with anxiety. This anxiety is deepened by the realization of the fact that in addition to our old enemies in the form of castes and creeds,
we are going to have many political parties with diverse and opposing political creeds. Will
Indians place the country above their creed or creed above their country? I do not know, but this much is certain that if the parties place creed above country, our independence will be put in jeopardy a second time and probably be lost forever. This eventuality, we all must resolutely guard against. We must be determined to defend our independence with the last drop of our blood”
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