Q. Which of the following is the best description of Fundamental Rights?

[A] All the rights an individual should have.

[B] All the rights given to citizens by law.

[C] The rights given and protected by the Constitution.

[D] The rights given by the Constitution that can never be restricted.

Answer: C
Notes:

Exp) Option c is the correct answer

Statement a is incorrect: – An individual is provided a number of rights. However, not all of them could be called as Fundamental Rights. The Constitution listed some of the very essential rights that would be specially protected and called them ‘Fundamental Rights. There may be other ordinary legal rights e.g. right to property, right to vote.

Statement b is incorrect: – Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law. However, fundamental rights are protected and guaranteed by the constitution. Statement c correct: – The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government. Fundamental Rights are protected and guaranteed by the constitution of the country.

Statement d is incorrect: – Fundamental Rights are not absolute but qualified or subjected to reasonable restrictions. They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. They are not sacrosanct or permanent. 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. However, whether such restrictions are reasonable or not is to be decided by the courts. Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control.

Blog
Academy
Community