Which of the following statements is most appropriate regarding the Co...
- Statement a is incorrect: The Constitution does not favour the monopoly or the accumulation of power under one institution. It rather promotes fragmentation of power among the various organs of government like the Legislature, executive and the Judiciary. The Constitution favours the system of internal checks and balances amongst these institutions.
- Statement b is correct: The 42nd Constitutional Amendment Act, 1976 inserted Fundamental duties under Article 51A in Part IV-A of the Constitution. However, the Constitution is silent on the enforcement of these duties. Hence, it does not make the enjoyment of rights conditional upon the fulfilment of the duties.
- Statement c is incorrect: Conduction of free and fair elections is essential for the functioning of a democracy. However, in the Indian case, citizens have a limited role in making policy decisions as Indian Constitution envisages indirect democracy and not direct. It would be unsuitable to have direct democracy for a vast diverse country like India. Hence, elected representatives play an important role in day-to-day policy decisions and running of administration.
- Statement d is incorrect: Judges are removed by the special majority of the two houses of the Parliament on the grounds of proved misbehaviour and incapacity. However, to ensure the independence of the Judiciary they are not accountable to the Parliament but to the Constitution itself.
Which of the following statements is most appropriate regarding the Co...
Fundamental rights and duties are two important aspects of the Constitution of India. The statement that is most appropriate regarding the Constitution of India is option 'B' - Enjoyment of Fundamental rights is not subjected to the fulfilment of the duties in India.
Explanation:
Fundamental rights are enshrined in Part III of the Indian Constitution and are considered to be the cornerstone of the Constitution. These rights are guaranteed to all citizens and provide them with certain basic freedoms and protections. Some of the fundamental rights include the right to equality, right to freedom of speech and expression, right to protection from discrimination, and right to life and personal liberty.
On the other hand, fundamental duties are mentioned in Part IV-A of the Constitution. These duties are not enforceable by law but are considered to be moral obligations of citizens towards the nation. Some of the fundamental duties include respecting the Constitution, promoting harmony, safeguarding public property, and striving towards excellence in all spheres of individual and collective activity.
While fundamental rights are enforceable in courts and individuals can seek legal remedies if their rights are violated, the enjoyment of these rights is not subjected to the fulfilment of the fundamental duties. In other words, citizens are entitled to their fundamental rights regardless of whether they fulfill their fundamental duties or not.
This approach ensures that citizens have the freedom to exercise their rights without any undue burden or requirement to fulfill their duties. It also recognizes the inherent dignity and worth of every individual and upholds the principle of equality before the law.
By not making the enjoyment of fundamental rights contingent upon the fulfillment of fundamental duties, the Indian Constitution guarantees individual freedoms and protects citizens from any form of discrimination or arbitrary denial of their rights. It allows citizens to exercise their rights without any compulsion and promotes a culture of inclusivity and respect for individual autonomy.
In conclusion, option 'B' is the most appropriate statement regarding the Constitution of India as it reflects the principle that the enjoyment of fundamental rights is not subjected to the fulfillment of the fundamental duties.
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