Q. Consider the following statements about Fundamental Rights:
1. They are absolute and qualified.
2. All of them are available against the arbitrary action of the state.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation: The Fundamental Rights guaranteed by the Constitution are characterized by the following:
- Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
- They are not absolute but qualified. The state can impose reasonable restrictions on them.
- Most of them are available against the arbitrary action of the State, with a few exceptions like those against the State’s action and against the action of private individuals. When the rights that are available against the State’s action only are violated by private individuals, there are no constitutional remedies but only ordinary legal remedies.
- Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the people.
- They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
- They are defended and guaranteed by the Supreme Court.
Source: Indian Polity by Laxmikanth

