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Which of the following are correct regarding the Fundamental Rights?
1. Fundamental Rights are not absolute but qualified.
2. They are available either against individual or state.
3. All Fundamental Rights can be suspended during operation of National Emergency.
Select the correct answer using the code given below:
  • a)
    1 only
  • b)
    1 and 2 only
  • c)
    2 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Which of the following are correctregarding the Fundamental Rights?1. ...
  • Statement 1 is correct: Fundamental Rights are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are rea-sonable or not is to be decided by the courts. Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control.
  • Statement 2 is correct: Most of them are available against the arbitrary action of the State, with a few exceptions like those against the State’s action and against the action of private individuals. When the rights that are available against the State’s action only are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies.
  • Statement 3 is incorrect: They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).
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Which of the following are correctregarding the Fundamental Rights?1. Fundamental Rights are notabsolute but qualified.2. They are available either againstindividual or state.3. All Fundamental Rights can besuspended during operation ofNational Emergency.Select the correct answer using thecode given below:a)1 onlyb)1 and 2 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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