Political Science · Political Institutions in India
UGC NET July 2018 Political Science
Which of the following is true about the Fundamental Rights under Indian Constitution?
- I. It is protected and enforced by the Constitution.
- II. It can be changed by the common legislative process.
- III. Supreme Court is the guardian of fundamental rights.
- IV. All Constitutional rights are fundamental rights.
AI and III ✓ Correct
BI and II
CI, II and IV
DI, III and IV
Correct answer: (A) I and III — The true statements about the Fundamental Rights are that they are protected and enforced by the Constitution and that the Supreme Court is their guardian, which is option (1), namely…
Explanation
★The true statements about the Fundamental Rights are that they are protected and enforced by the Constitution and that the Supreme Court is their guardian, which is option (1), namely I and III.
★Fundamental Rights are enshrined in Part III of the Constitution, in Articles 12 to 35.
★They are protected and guaranteed by the Constitution itself, which makes statement I correct.
★The Supreme Court acts as the guardian and protector of the Fundamental Rights, which makes statement III correct.
★Citizens can move the Supreme Court directly under Article 32 for the enforcement of these rights.
★Statement II is incorrect, because Fundamental Rights cannot be changed by the ordinary legislative process.
★Any change to the Fundamental Rights requires a constitutional amendment passed by a special majority.
★This reflects the rigid character of the Constitution in respect of these rights.
★Statement IV is incorrect, because not all constitutional rights are Fundamental Rights.
★A right such as the right to property is now a constitutional right under Article 300A, but no longer a Fundamental Right.
★All Fundamental Rights are constitutional rights, but the reverse is not true.
★The Fundamental Rights are called fundamental because they are essential for the all round development of individuals.
★They cover the material, intellectual, moral and spiritual growth of the person.
★So only statements I and III correctly describe the Fundamental Rights.
★For NET, remember that Fundamental Rights are guaranteed by the Constitution and guarded by the Supreme Court, but need a special majority to amend, and not every constitutional right is fundamental.
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