Political Science · Political Institutions in India
UGC NET October 2020 Political Science
Which one of the following features of the Fundamental Rights under Indian Constitution is not correct?
- I. They are above ordinary laws.
- II. They are absolute.
- III. They are justiciable.
- IV. They are six in number.
AII and IV
BOnly II ✓ Correct
CI and III
DII, III and IV
Correct answer: (B) Only II — The only feature of the Fundamental Rights that is not correct is statement II, that they are absolute, which is option (2), namely only II.
Explanation
★The only feature of the Fundamental Rights that is not correct is statement II, that they are absolute, which is option (2), namely only II.
★Fundamental Rights are not absolute, because they are subject to reasonable restrictions.
★For example, the freedoms under Article 19 can be limited on grounds such as public order and security of the state.
★They can also be restricted by the President during a national emergency.
★So statement II is the incorrect feature in the list.
★Statement I is correct, because Fundamental Rights are superior to ordinary laws.
★They form part of the fundamental law of the land and cannot be overridden by an ordinary statute.
★Statement III is correct, because Fundamental Rights are justiciable, meaning they are enforceable by the courts.
★Citizens can approach the Supreme Court directly under Article 32 to enforce them.
★Statement IV is correct, because there are now six Fundamental Rights in the Constitution.
★These are the rights to equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.
★The original Constitution had seven Fundamental Rights, including the right to property.
★The right to property was removed as a Fundamental Right by the 44th Amendment of 1978.
★So the list now stands at six, and statement IV is correct.
★For NET, remember that Fundamental Rights are above ordinary law, justiciable and six in number, but not absolute.
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