Ans. Fundamental Rights are considered sacrosanct under Part III of the Indian Constitution due to several reasons:

1. Constitutional Guarantee: Fundamental Rights are guaranteed by the Constitution, which is the supreme law of the land. This ensures that these rights are protected against any arbitrary actions by the state.
2. Judicial Review: Article 13 of the Constitution provides for the doctrine of judicial review, empowering the Supreme Court and High Courts to declare any law unconstitutional if it contravenes Fundamental Rights. This judicial oversight ensures that these rights are upheld and protected.
3. Direct Access to Supreme Court: Article 32 allows individuals to directly approach the Supreme Court for the enforcement of Fundamental Rights. This provision itself is a Fundamental Right, underscoring the importance of these rights in the constitutional framework.
4. Non-Derogable Rights: Certain Fundamental Rights, such as those guaranteed under Articles 20 and 21, cannot be suspended even during a National Emergency, highlighting their inviolability.
5. Basic Structure Doctrine: The Supreme Court, in the Kesavananda Bharati case (1973), held that the basic structure of the Constitution, which includes Fundamental Rights, cannot be altered by any constitutional amendment. This doctrine further solidifies the sacrosanct nature of these rights.

Nature of Fundamental Rights under the Indian Constitution

The Fundamental Rights enshrined in Part III of the Constitution are characterized by the following features:

1. Universal Application: Some Fundamental Rights are available to all persons, including citizens, foreigners, and legal entities like corporations, while others are exclusive to citizens.
2. Qualified Rights: Fundamental Rights are not absolute; they are subject to reasonable restrictions imposed by the state. The courts determine the reasonableness of these restrictions, balancing individual liberty with societal interests.
3. Protection Against State Action: These rights primarily protect individuals against arbitrary actions by the state. However, some rights also extend protection against actions by private individuals.
4. Negative and Positive Rights: Some Fundamental Rights are negative in nature, placing limitations on the state’s authority, while others are positive, conferring certain privileges on individuals.
5. Justiciable Rights: Fundamental Rights are enforceable by the courts. Individuals can seek judicial redress if these rights are violated.
6. Supreme Court’s Role: The Supreme Court acts as the guardian and protector of Fundamental Rights. Individuals can directly approach the Supreme Court for enforcement, bypassing lower courts.
7. Amendability: While Fundamental Rights can be amended by the Parliament, such amendments must not alter the basic structure of the Constitution. This ensures that these rights remain fundamental and protected.
8. Suspension During Emergency: Fundamental Rights can be suspended during a National Emergency, except for those guaranteed under Articles 20 and 21. Additionally, rights under Article 19 can only be suspended during an external emergency (war or external aggression).
9. Scope of Operation: The operation of Fundamental Rights is limited by Articles 31A, 31B, and 31C, which provide certain exceptions and protections to specific laws.
10. Restrictions on Armed Forces: The application of Fundamental Rights to members of the armed forces, paramilitary forces, police forces, intelligence agencies, and analogous services can be restricted or abrogated by the Parliament (Article 33).
11. Martial Law: The application of Fundamental Rights can be restricted while martial law is in force in any area (Article 34).
12. Self-Executory Nature: Most Fundamental Rights are directly enforceable, while a few require enabling legislation by the Parliament for enforcement.

In conclusion, the sacrosanct nature of Fundamental Rights under Part III of the Indian Constitution is ensured through constitutional guarantees, judicial review, direct access to the Supreme Court, and the basic structure doctrine. These rights are universal, qualified, justiciable, and protected against arbitrary state actions, making them fundamental to the democratic framework of India.