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Which of the following statements regarding the Fundamental rights is/are incorrect ?
1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.
2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.
1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.
2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.
Select the correct option using the codes given below:
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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Which of the following statements regarding the Fundamental rights is/...
Both statements are correct Supplementary notes: Fundamental Rights Most of the fundamental rights are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Article 35 mandates that such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained. Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights. These include the following: Untouchability (Article 17). Traffic in human beings and forced labour (Article 23). Further, the Parliament shall, after the commencement of the Constitution, make laws for prescribing punishment for the above acts, thus making it obligatory on the part of the Parliament to enact such laws . Any law in force at the commencement of the Constitution with respect to any of the matters specified above is to continue in force until altered or repealed or amended by the Parliament.
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Which of the following statements regarding the Fundamental rights is/...
Fundamental Rights and Parliament's Power
The Fundamental Rights are a set of basic rights guaranteed to the citizens of India under Part III of the Constitution. These rights are considered essential for the development and well-being of individuals, and they provide protection against arbitrary actions by the state. However, there are certain statements regarding the Fundamental Rights and the power of the Parliament which are incorrect. Let's analyze them in detail:
1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.
This statement is incorrect. While it is true that the Parliament has the power to make or amend laws related to fundamental rights, it is not the only authority that can do so. The power to make or amend laws related to fundamental rights is not exclusively vested in the Parliament. The Constitution provides for a system of checks and balances where the judiciary also has the power to interpret and enforce the fundamental rights. The Supreme Court, in particular, has the authority to strike down any law made by the Parliament if it violates the fundamental rights guaranteed by the Constitution. This ensures that the fundamental rights are not at the mercy of the Parliament alone and are protected by an independent judiciary.
2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offenses under the fundamental rights.
This statement is also incorrect. While the Parliament has the power to enact laws for prescribing punishment for acts that are declared to be offenses under the fundamental rights, it is not obligatory for the Parliament to do so. The Constitution does not mandate the Parliament to enact specific laws for every offense under the fundamental rights. The responsibility to enact laws for offenses under the fundamental rights lies with the Parliament, but it has the discretion to prioritize and decide which offenses require specific legislation. In some cases, existing general laws may be sufficient to deal with offenses under the fundamental rights.
Conclusion:
In conclusion, both statements regarding the Fundamental Rights and the power of the Parliament are incorrect. The power to make or amend laws related to fundamental rights is not exclusively vested in the Parliament, and the Parliament is not obligated to enact laws for every offense under the fundamental rights. The judiciary also plays a crucial role in interpreting and enforcing the fundamental rights, and the Parliament has the discretion to prioritize legislation for offenses under the fundamental rights.
The Fundamental Rights are a set of basic rights guaranteed to the citizens of India under Part III of the Constitution. These rights are considered essential for the development and well-being of individuals, and they provide protection against arbitrary actions by the state. However, there are certain statements regarding the Fundamental Rights and the power of the Parliament which are incorrect. Let's analyze them in detail:
1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.
This statement is incorrect. While it is true that the Parliament has the power to make or amend laws related to fundamental rights, it is not the only authority that can do so. The power to make or amend laws related to fundamental rights is not exclusively vested in the Parliament. The Constitution provides for a system of checks and balances where the judiciary also has the power to interpret and enforce the fundamental rights. The Supreme Court, in particular, has the authority to strike down any law made by the Parliament if it violates the fundamental rights guaranteed by the Constitution. This ensures that the fundamental rights are not at the mercy of the Parliament alone and are protected by an independent judiciary.
2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offenses under the fundamental rights.
This statement is also incorrect. While the Parliament has the power to enact laws for prescribing punishment for acts that are declared to be offenses under the fundamental rights, it is not obligatory for the Parliament to do so. The Constitution does not mandate the Parliament to enact specific laws for every offense under the fundamental rights. The responsibility to enact laws for offenses under the fundamental rights lies with the Parliament, but it has the discretion to prioritize and decide which offenses require specific legislation. In some cases, existing general laws may be sufficient to deal with offenses under the fundamental rights.
Conclusion:
In conclusion, both statements regarding the Fundamental Rights and the power of the Parliament are incorrect. The power to make or amend laws related to fundamental rights is not exclusively vested in the Parliament, and the Parliament is not obligated to enact laws for every offense under the fundamental rights. The judiciary also plays a crucial role in interpreting and enforcing the fundamental rights, and the Parliament has the discretion to prioritize legislation for offenses under the fundamental rights.
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Which of the following statements regarding the Fundamental rights is/are incorrect ?1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.Select the correct option using the codes given below:a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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Which of the following statements regarding the Fundamental rights is/are incorrect ?1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.Select the correct option using the codes given below:a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 statements regarding the Fundamental rights is/are incorrect ?1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.Select the correct option using the codes given below:a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 statements regarding the Fundamental rights is/are incorrect ?1. Only parliament has the power to make or amend the laws that make fundamental rights enforceable.2. It is obligatory for the Parliament to enact laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.Select the correct option using the codes given below:a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?.
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