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Which of the following is the difference between fundamental rights and rights secured by other provisions of the constitution?
1. Fundamental rights are immune from constitutional amendments.
2. If the rights follow from other provision of constitution, other aggrieved person may have his relief by ordinary suit only
Select the correct answer from the following codes.
- a)1 Only
- b)Neither of them
- c)Both of them
- d)2 Only
Correct answer is option 'D'. Can you explain this answer?
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Verified Answer
Which of the following is the difference between fundamental rights an...
Fundamental rights are conferred special sanctity as compared with other provisions of constitution. If the rights follow from other provisions of constitution, other aggrieved person may have his relief by ordinary suit and by application to the high courts, but application under art 32 shall not lie, unless the invasion of non-fundamental right involves violation of some fundamental right as well.
Though the rights of both these classes are equally justiciable, the constitutional remedy by way of an application directly to the Supreme Court under Article 32, which is itself included in Part III, as a fundamental right, is available only in the case of fundamental rights.
If the right follows from some other provisions of the Constitution, such as Article 265 or Article 301, the aggrieved person may have his relief by an ordinary suit or, by an application under Article 226 to the High Court, but an application under Article 32 shall not lie, unless the invasion of the non-fundamental right involves the violation of some fundamental right as well.
Most Upvoted Answer
Which of the following is the difference between fundamental rights an...
Fundamental rights are a set of rights guaranteed to every citizen of India by the Constitution. These rights are considered essential for the overall development and well-being of individuals. On the other hand, rights secured by other provisions of the Constitution refer to the rights that are not explicitly mentioned in the chapter on fundamental rights but are still protected under different provisions of the Constitution.
1. Fundamental rights are immune from constitutional amendments:
- Fundamental rights are considered as the basic and essential rights of individuals, and they cannot be easily amended or taken away. These rights are enshrined in Part III of the Constitution, which is considered the heart and soul of the Indian Constitution. The Supreme Court has held that any law that violates fundamental rights can be declared as unconstitutional and void.
2. If the rights follow from other provisions of the Constitution, other aggrieved persons may have their relief by ordinary suit only:
- Rights secured by other provisions of the Constitution are not explicitly mentioned in the chapter on fundamental rights. These rights may be derived from other provisions such as the right to privacy, right to education, right to work, etc. While these rights are still protected, the means of seeking relief for their violation may be through ordinary suits or legal remedies available under different laws and statutes. In such cases, the aggrieved person may have to approach the appropriate court or forum to seek redressal.
Therefore, the correct answer is option 'D' - Neither of them, as both statements are incorrect. Fundamental rights can be amended, although with certain limitations and safeguards, and rights secured by other provisions of the Constitution may also provide legal remedies for their violation, although through different legal procedures.
1. Fundamental rights are immune from constitutional amendments:
- Fundamental rights are considered as the basic and essential rights of individuals, and they cannot be easily amended or taken away. These rights are enshrined in Part III of the Constitution, which is considered the heart and soul of the Indian Constitution. The Supreme Court has held that any law that violates fundamental rights can be declared as unconstitutional and void.
2. If the rights follow from other provisions of the Constitution, other aggrieved persons may have their relief by ordinary suit only:
- Rights secured by other provisions of the Constitution are not explicitly mentioned in the chapter on fundamental rights. These rights may be derived from other provisions such as the right to privacy, right to education, right to work, etc. While these rights are still protected, the means of seeking relief for their violation may be through ordinary suits or legal remedies available under different laws and statutes. In such cases, the aggrieved person may have to approach the appropriate court or forum to seek redressal.
Therefore, the correct answer is option 'D' - Neither of them, as both statements are incorrect. Fundamental rights can be amended, although with certain limitations and safeguards, and rights secured by other provisions of the Constitution may also provide legal remedies for their violation, although through different legal procedures.
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Which of the following is the difference between fundamental rights and rights secured by other provisions of the constitution?1. Fundamental rights are immune from constitutional amendments.2. If the rights follow from other provision of constitution, other aggrieved person may have his relief by ordinary suit onlySelect the correct answer from the following codes.a)1 Onlyb)Neither of themc)Both of themd)2 OnlyCorrect answer is option 'D'. Can you explain this answer?
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Which of the following is the difference between fundamental rights and rights secured by other provisions of the constitution?1. Fundamental rights are immune from constitutional amendments.2. If the rights follow from other provision of constitution, other aggrieved person may have his relief by ordinary suit onlySelect the correct answer from the following codes.a)1 Onlyb)Neither of themc)Both of themd)2 OnlyCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following is the difference between fundamental rights and rights secured by other provisions of the constitution?1. Fundamental rights are immune from constitutional amendments.2. If the rights follow from other provision of constitution, other aggrieved person may have his relief by ordinary suit onlySelect the correct answer from the following codes.a)1 Onlyb)Neither of themc)Both of themd)2 OnlyCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following is the difference between fundamental rights and rights secured by other provisions of the constitution?1. Fundamental rights are immune from constitutional amendments.2. If the rights follow from other provision of constitution, other aggrieved person may have his relief by ordinary suit onlySelect the correct answer from the following codes.a)1 Onlyb)Neither of themc)Both of themd)2 OnlyCorrect answer is option 'D'. Can you explain this answer?.
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