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Consider the following statements about the Fundamental Rights:
1. Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures.
2. Both the Parliament and State Legislatures can curtail or repeal the Fundamental Rights.
Which of the statements given above is/are not correct?
- a)1 Only
- b)2 Only
- c)Both of them
- d)Neither of them
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
Consider the following statements about the Fundamental Rights:1. Law...
Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained.
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Fundamental Rights are not sacrosanct or permanent, but only the Parliament can curtail or repeal them by a constitutional amendment act and without affecting the 'basic structure' of the Constitution.
Most Upvoted Answer
Consider the following statements about the Fundamental Rights:1. Law...
Explanation:
The Fundamental Rights are enshrined in Part III of the Indian Constitution and are considered as the basic rights of every citizen. They are justiciable and can be enforced by the courts. Let's analyze the given statements one by one:
Statement 1: Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures.
This statement is correct. According to Article 13 of the Indian Constitution, laws that are inconsistent with or in derogation of the Fundamental Rights shall be void. Article 13(2) specifically mentions that the state legislature has the power to make laws to give effect to the provisions contained in Part III of the Constitution, but such laws cannot take away or abridge the Fundamental Rights. Therefore, laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures.
Statement 2: Both the Parliament and State Legislatures can curtail or repeal the Fundamental Rights.
This statement is incorrect. The Fundamental Rights are considered as sacrosanct and form the basic structure of the Constitution. They cannot be curtailed or repealed by the Parliament or the State Legislatures. The only way to amend or modify the Fundamental Rights is through a constitutional amendment. However, such an amendment should not violate the basic structure of the Constitution as laid down by the Supreme Court in the Kesavananda Bharati case (1973). This means that the Parliament cannot amend the Fundamental Rights in a way that takes away their basic essence and violates the basic structure of the Constitution. Therefore, the Parliament and State Legislatures cannot curtail or repeal the Fundamental Rights.
Conclusion:
Both the statements are incorrect. Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures. Furthermore, neither the Parliament nor the State Legislatures can curtail or repeal the Fundamental Rights.
The Fundamental Rights are enshrined in Part III of the Indian Constitution and are considered as the basic rights of every citizen. They are justiciable and can be enforced by the courts. Let's analyze the given statements one by one:
Statement 1: Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures.
This statement is correct. According to Article 13 of the Indian Constitution, laws that are inconsistent with or in derogation of the Fundamental Rights shall be void. Article 13(2) specifically mentions that the state legislature has the power to make laws to give effect to the provisions contained in Part III of the Constitution, but such laws cannot take away or abridge the Fundamental Rights. Therefore, laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures.
Statement 2: Both the Parliament and State Legislatures can curtail or repeal the Fundamental Rights.
This statement is incorrect. The Fundamental Rights are considered as sacrosanct and form the basic structure of the Constitution. They cannot be curtailed or repealed by the Parliament or the State Legislatures. The only way to amend or modify the Fundamental Rights is through a constitutional amendment. However, such an amendment should not violate the basic structure of the Constitution as laid down by the Supreme Court in the Kesavananda Bharati case (1973). This means that the Parliament cannot amend the Fundamental Rights in a way that takes away their basic essence and violates the basic structure of the Constitution. Therefore, the Parliament and State Legislatures cannot curtail or repeal the Fundamental Rights.
Conclusion:
Both the statements are incorrect. Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures. Furthermore, neither the Parliament nor the State Legislatures can curtail or repeal the Fundamental Rights.
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Consider the following statements about the Fundamental Rights:1. Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures.2. Both the Parliament and State Legislatures can curtail or repeal the Fundamental Rights.Which of the statements given above is/are not correct?a) 1 Onlyb) 2 Onlyc) Both of themd) Neither of themCorrect answer is option 'B'. Can you explain this answer?
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