Part-Ill of the Constitution which deals with Fundamental
Rights have been criticised on the following grounds:
1. The right to freedom and personal liberty has a number of limiting clauses. The Phrases ‘Security of the State’, ‘public order’ and ‘morality’ are general and of wide implication. There is also the provision of preventive detention. Acts like MISA (Maintenance of Internal Security Act), and NS A (National Security Act) seemed to eat away the essence of the rights.
2. The phrases like ‘reasonable restrictions’ or ‘in the interests of public order’ are vague or ill-defined. They shall lead to unnecessary litigation.
3. During the proclamation of Emergency, many rights such as freedom of speech and freedom of assembly may suspend the right to move the Supreme Court or High Court for the enforcement of other rights as well, (except the rights conferred by Articles 20 and 21).
