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Consider the following statements:
1. President, on advice of council of ministers can impose reasonable restrictions on the fundamental rights of the citizens.
2. Parliament decides about the reasonableness of the restrictions placed on fundamental rights.
1. President, on advice of council of ministers can impose reasonable restrictions on the fundamental rights of the citizens.
2. Parliament decides about the reasonableness of the restrictions placed on fundamental rights.
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements:1. President, on advice of council o...
Explanation:
The correct answer is option 'C' - Both 1 and 2.
Statement 1: President, on advice of council of ministers can impose reasonable restrictions on the fundamental rights of the citizens.
Explanation:
According to Article 19(2) of the Indian Constitution, the President, on the advice of the Council of Ministers, can impose reasonable restrictions on the fundamental rights of the citizens. Fundamental rights are not absolute and are subject to reasonable restrictions for the protection of public order, morality, security, and the sovereignty and integrity of India. The President, being the head of the executive, has the power to impose these restrictions in order to maintain law and order in the country.
Statement 2: Parliament decides about the reasonableness of the restrictions placed on fundamental rights.
Explanation:
According to Article 13(2) of the Indian Constitution, the Parliament has the power to make laws to give effect to the provisions of Part III (Fundamental Rights) of the Constitution. This means that the Parliament has the authority to determine the reasonableness of the restrictions placed on fundamental rights. Parliament can pass laws to regulate the exercise of fundamental rights and can specify the conditions and limitations under which these rights can be restricted.
The Supreme Court of India, however, has the power of judicial review and can strike down any law passed by the Parliament if it violates the fundamental rights guaranteed by the Constitution. The court can examine the reasonableness of the restrictions imposed by the law and can declare it unconstitutional if it is found to be arbitrary or excessive.
Therefore, both statements are correct. The President, on the advice of the Council of Ministers, can impose reasonable restrictions on the fundamental rights of the citizens, and the Parliament has the authority to determine the reasonableness of these restrictions. However, the Supreme Court has the power of judicial review and can strike down any law that violates the fundamental rights guaranteed by the Constitution.
The correct answer is option 'C' - Both 1 and 2.
Statement 1: President, on advice of council of ministers can impose reasonable restrictions on the fundamental rights of the citizens.
Explanation:
According to Article 19(2) of the Indian Constitution, the President, on the advice of the Council of Ministers, can impose reasonable restrictions on the fundamental rights of the citizens. Fundamental rights are not absolute and are subject to reasonable restrictions for the protection of public order, morality, security, and the sovereignty and integrity of India. The President, being the head of the executive, has the power to impose these restrictions in order to maintain law and order in the country.
Statement 2: Parliament decides about the reasonableness of the restrictions placed on fundamental rights.
Explanation:
According to Article 13(2) of the Indian Constitution, the Parliament has the power to make laws to give effect to the provisions of Part III (Fundamental Rights) of the Constitution. This means that the Parliament has the authority to determine the reasonableness of the restrictions placed on fundamental rights. Parliament can pass laws to regulate the exercise of fundamental rights and can specify the conditions and limitations under which these rights can be restricted.
The Supreme Court of India, however, has the power of judicial review and can strike down any law passed by the Parliament if it violates the fundamental rights guaranteed by the Constitution. The court can examine the reasonableness of the restrictions imposed by the law and can declare it unconstitutional if it is found to be arbitrary or excessive.
Therefore, both statements are correct. The President, on the advice of the Council of Ministers, can impose reasonable restrictions on the fundamental rights of the citizens, and the Parliament has the authority to determine the reasonableness of these restrictions. However, the Supreme Court has the power of judicial review and can strike down any law that violates the fundamental rights guaranteed by the Constitution.
Community Answer
Consider the following statements:1. President, on advice of council o...
Explanation:
Both statements 1 and 2 are correct. This can be explained in detail as follows:
1. President, on advice of council of ministers can impose reasonable restrictions on the fundamental rights of the citizens:- The President of India has the authority to impose reasonable restrictions on the exercise of fundamental rights, provided that these restrictions are in accordance with the Constitution.
- Article 19 of the Indian Constitution guarantees the fundamental rights to freedom of speech and expression, assembly, association, movement, residence, and profession. However, these rights are not absolute and can be subjected to certain reasonable restrictions.
- The President, acting on the advice of the Council of Ministers, can impose such restrictions in the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offense.
- While the President can impose reasonable restrictions on fundamental rights, it is the Parliament that ultimately decides whether these restrictions are reasonable or not.
- Article 368 of the Indian Constitution grants the Parliament the power to amend the Constitution, including the fundamental rights.
- Therefore, any restrictions placed on the fundamental rights must be in accordance with the Constitution, and it is the Parliament's responsibility to ensure that these restrictions are reasonable and in conformity with the constitutional provisions.
In conclusion, both the President, on the advice of the Council of Ministers, and the Parliament play crucial roles in imposing and deciding the reasonableness of restrictions on the fundamental rights of Indian citizens.
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Consider the following statements:1. President, on advice of council of ministers can impose reasonable restrictions on the fundamental rights of the citizens.2. Parliament decides about the reasonableness of the restrictions placed on fundamental rights.a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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