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| 1. What are the fundamental rights guaranteed by the Indian Constitution? |  |
Ans. The Indian Constitution provides several fundamental rights to its citizens, which are essential for ensuring individual freedom and dignity. These rights include the right to equality (Articles 14-18), the right to freedom (Articles 19-22), the right against exploitation (Articles 23-24), the right to freedom of religion (Articles 25-28), cultural and educational rights (Articles 29-30), and the right to constitutional remedies (Article 32). These rights are enforceable by the courts and are applicable to all citizens.
| 2. How do fundamental rights differ from directive principles of state policy in the Indian Constitution? | |
Ans. Fundamental rights are justiciable and can be enforced in a court of law, whereas directive principles of state policy are non-justiciable and serve as guidelines for the state in policy-making. Fundamental rights aim to protect individual freedoms and rights, while directive principles (Articles 36-51) focus on promoting social and economic justice. They reflect the aspirations of a welfare state and are intended to guide the government in enacting laws and policies.
| 3. What is the significance of Article 32 in the context of fundamental rights? | |
Ans. Article 32 of the Indian Constitution is crucial as it provides the right to constitutional remedies. It allows individuals to approach the Supreme Court directly for enforcement of their fundamental rights if they believe these rights have been violated. This article emphasizes the role of the judiciary in protecting personal liberties and is often referred to as the "heart and soul" of the Constitution due to its importance in safeguarding citizens' rights.
| 4. Can fundamental rights be suspended, and if so, under what circumstances? | |
Ans. Yes, fundamental rights can be suspended during a state of emergency as proclaimed under Article 352, 356, or 360 of the Indian Constitution. However, certain rights, such as the right to life and personal liberty (Article 21) and the right to equality (Article 14), cannot be suspended even during an emergency. The suspension must be specified in the proclamation of emergency and is subject to judicial review.
| 5. What role do the Supreme Court and High Courts play in the enforcement of fundamental rights? | |
Ans. The Supreme Court and High Courts of India play a pivotal role in the enforcement of fundamental rights. They have the authority to interpret the Constitution and can issue writs (such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari) to protect these rights. The judiciary acts as a guardian of the Constitution, ensuring that any action by the state or its agencies that violates fundamental rights can be challenged in court, thereby upholding the rule of law and justice.
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