Read the passage below and answer the question.
The nature of Fundamental Rights under Part III of the Constitution is well settled. The Fundamental Rights are to be understood in a negative context, as in "no person could be denied such right until the Constitution itself prescribes such limitations". The only exception to the aforesaid formulation is Article 21A of the Constitution, which is a positive right that requires an active effort by the concerned Government to ensure that the Right to Education is provided to all children up to the age of 14 years as given by the 86th Constitutional Amendment. The positive prescription of freedom of expression will result in different consequences which our own Constitution has not entered into. Having different social and economic backgrounds and existing on a different scale of development, the application of Human Rights enshrined therein have taken a different role and purpose. The framers of the Indian Constitution were aware of the situation of India, including the socio-economic costs of such proactive duty and hence took an informed decision to restrict the application of Fundamental Rights in a negative manner. This crucial formulation is required to be respected by the Courts, which have to uphold the Constitutional morality behind utilization of such negative prescriptions. Law and Technology seldom mix like oil and water. There is a consistent criticism that the development of technology is not met by equivalent movement in the Law. In this context, we need to note that the Law should imbibe the technological development and accordingly mould its rules so as to cater to the needs of society. Non recognition of technology within the sphere of Law is only a disservice to the inevitable. In this light, the importance of internet cannot be underestimated, as from morning to night we are encapsulated within the cyberspace and our most basic activities are enabled by the use of internet. Further, the internet has gained contemporary relevance and is one of the major means of information convergence. Therefore, the freedom of speech and expression through the medium of internet is an integral part of Article 19(1)(a) and accordingly, any restriction on the same must be in accordance with Article 19(2) of the Constitution.
Why are the Fundamental Rights mostly negative in nature?
Model Answer & Options
Source: Previous Question PapersThe Fundamental Rights cannot be positive in nature, otherwise people can misuse them.
The Fundamental Rights are negative in nature, so that no foreigner can enjoy them.
The Fundamental Rights are negative in nature, as the framers of the Constitution were aware of the high costs involved.
So that Art. 19(2) of the Indian Constitution can be properly implemented.
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