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With reference to Fundamental rights enshrined in the constitution, consider the following statements:
1. They are not sacrosanct or permanent and the Parliament can curtail or repeal them but only by a constitutional amendment act.
2. The rights are non-justiciable and allow persons to move the courts for their enforcement, if and when they are violated.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
With reference to Fundamental rights enshrined in the constitution, co...
Explanation:
1. Sacrosanct Nature of Fundamental Rights:
- Fundamental rights are considered sacrosanct as they are basic rights guaranteed to all citizens by the Constitution.
- These rights are not permanent and can be curtailed or repealed by the Parliament but only through a constitutional amendment act.
2. Justiciability of Fundamental Rights:
- Fundamental rights are justiciable, meaning that individuals can move the courts for their enforcement if and when they are violated.
- The courts have the power to strike down any law or action that violates these rights.
Therefore, statement 1 is correct as it highlights the possibility of curtailment or repeal of fundamental rights through a constitutional amendment act. Statement 2 is incorrect as it states that fundamental rights are non-justiciable, which is not the case.
1. Sacrosanct Nature of Fundamental Rights:
- Fundamental rights are considered sacrosanct as they are basic rights guaranteed to all citizens by the Constitution.
- These rights are not permanent and can be curtailed or repealed by the Parliament but only through a constitutional amendment act.
2. Justiciability of Fundamental Rights:
- Fundamental rights are justiciable, meaning that individuals can move the courts for their enforcement if and when they are violated.
- The courts have the power to strike down any law or action that violates these rights.
Therefore, statement 1 is correct as it highlights the possibility of curtailment or repeal of fundamental rights through a constitutional amendment act. Statement 2 is incorrect as it states that fundamental rights are non-justiciable, which is not the case.
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Community Answer
With reference to Fundamental rights enshrined in the constitution, co...
- They are not sacrosanct or permanent and the Parliament can curtail or repeal them but only by a constitutional amendment act. Hence, statement 1 is correct.
- The rights are not absolute but qualified.
- The state can impose reasonable restrictions on them, however, the reasonability of the restrictions is decided by the courts.
- The rights are justiciable and allow persons to move the courts for their enforcement, if and when they are violated. Hence, statement 2 is not correct.
- Any aggrieved person can directly go to the Supreme Court in case of violation of any fundamental right.
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With reference to Fundamental rights enshrined in the constitution, consider the following statements:1. They are not sacrosanct or permanent and the Parliament can curtail or repeal them but only by a constitutional amendment act.2. The rights are non-justiciable and allow persons to move the courts for their enforcement, if and when they are violated.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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