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Audio Notes: मौलिक अधिकार और कर्तव्य Video Lecture - UPSC

FAQs on Audio Notes: मौलिक अधिकार और कर्तव्य Video Lecture - UPSC

1. What are Fundamental Rights in the context of the Constitution of India?
Ans. Fundamental Rights are a set of rights guaranteed by the Constitution of India that are essential for the overall development and well-being of individuals. These rights are enshrined in Part III of the Constitution and include rights such as the right to equality, right to freedom, right to protection against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. They serve as a safeguard against any arbitrary actions by the state and ensure that citizens can live with dignity and freedom.
2. How do Fundamental Duties complement Fundamental Rights in India?
Ans. Fundamental Duties, enshrined in Article 51A of the Constitution, complement Fundamental Rights by imposing moral obligations on citizens to uphold the spirit of the Constitution. While Fundamental Rights provide individuals with certain freedoms and protections, Fundamental Duties encourage citizens to respect the Constitution, promote harmony, protect the environment, and contribute to the nation’s progress. Together, these rights and duties foster a sense of responsibility and accountability among citizens, ensuring a balanced approach to individual freedoms and societal responsibilities.
3. Can Fundamental Rights be suspended, and under what circumstances?
Ans. Yes, Fundamental Rights can be suspended during a national emergency as declared under Article 352 of the Constitution. In such a scenario, the President of India can proclaim a state of emergency, which allows the government to take measures that may restrict the exercise of certain Fundamental Rights. However, the right to life and personal liberty under Article 21 cannot be suspended even during a state of emergency. This ensures a basic level of protection for individuals, regardless of the circumstances.
4. What is the significance of the right to constitutional remedies?
Ans. The right to constitutional remedies, guaranteed under Article 32 of the Constitution, is significant because it empowers individuals to approach the Supreme Court for the enforcement of their Fundamental Rights. This right acts as a safeguard against the violation of rights by the state and provides a mechanism for individuals to seek justice. It allows citizens to challenge unlawful actions or inactions by public authorities, thus ensuring that their rights are protected and upheld.
5. How are Fundamental Rights enforced in India?
Ans. Fundamental Rights are enforced through judicial review by the Supreme Court and High Courts. Individuals can file writ petitions under Article 32 (in the Supreme Court) and Article 226 (in High Courts) to seek enforcement of their rights. The courts have the power to issue various writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to ensure that any infringement of Fundamental Rights is addressed. This judicial mechanism plays a crucial role in upholding the rule of law and protecting citizens' rights against arbitrary actions by the state.

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