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The leaders of the freedom movement had realized the importance of
rights and demanded that the British rulers should respect rights of the
people. The Motilal Nehru committee had demanded a bill of rights as far
back as in 1928. It was therefore, natural that when India became
independent and the Constitution was being prepared, there were no two
opinions on the inclusion and protection of rights in the Constitution. The
Constitution listed the rights that would be specially protected and called
them „fundamental rights‟. The word fundamental suggests that these rights
are so important that the Constitution has separately listed them and made
special provisions for their protection. The Fundamental Rights are so
important that the Constitution itself ensures that they are not violated by
the government.
Fundamental Rights are different from other rights available to us.
While ordinary legal rights are protected and enforced by ordinary law,
Fundamental Rights are protected and guaranteed by the constitution of
the country. Ordinary rights may be changed by the legislature by ordinary
process of law making, but a fundamental right may only be changed by
amending the Constitution itself. Besides this, no organ of the government
can act in a manner that violates them. As we shall study below in this
chapter, judiciary has the powers and responsibility to protect the
fundamental rights from violations by actions of the government. Executive
as well as legislative actions can be declared illegal by the judiciary if these
violate the fundamental rights or restrict them in an unreasonable manner.
Fundamental rights are not absolute or unlimited rights. Government can
put reasonable restrictions on the exercise of our fundamental rights. It is
estimated that leather industry will require at least one millions additional
man power in the next five years. The skill gaps at the level of designers,
technologists and management professionals are more stark and
demanding.