Q. Consider the following statements regarding the Fundamental Rights enshrined in the Indian Constitution:
1. Any Fundamental Right can be repealed through the passage of ordinary bills.
2. Both Parliament and state legislatures have power to make laws to give effect to any Fundamental Right.
3. Ordinances issued by the President cannot be challenged in the courts as being violative of fundamental rights.
How many of the above given statements is/ are correct?
Exp) Option d is the correct answer.
Statement 1 is incorrect: Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. Parliament and the state legislatures are clearly prohibited from making laws that may take away or abridge the fundamental rights guaranteed to the citizen. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the ‘basic structure’ of the Constitution.
Statement 2 is incorrect: Article 35 lays down that the power to make laws to give effect to certain specified fundamental rights shall vest only in Parliament and not in the state legislatures.
Statement 3 is incorrect: Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. Temporary laws like ordinances issued by the President or the State Governors can be challenged in the courts as violation of Fundamental Right and hence, can be declared as void.
