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Consider the following statements regarding Fundamental Rights and Legal Rights:
1. Both Legal rights and fundamental rights are protected by the Constitution.
2. Fundamental Rights cannot be amended whereas legal rights can be amended.
Which of the statements given above is/are correct?
1. Both Legal rights and fundamental rights are protected by the Constitution.
2. Fundamental Rights cannot be amended whereas legal rights can be amended.
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 'D'. Can you explain this answer?
Verified Answer
Consider the following statements regarding Fundamental Rights and Leg...
- Statement 1: Both Legal rights and Fundamental Rights are protected by the Constitution is incorrect because only Fundamental Rights are explicitly protected by the Constitution. Legal rights, on the other hand, are protected by statutes and laws passed by the legislature, but they are not part of the Constitution.
- Statement 2: Fundamental Rights cannot be amended whereas legal rights can be amended is also incorrect. Fundamental Rights can be amended, but only by a constitutional amendment, as seen in the case of the 24th Amendment which allowed Parliament to amend Fundamental Rights. Legal rights, being statutory, can also be amended by ordinary legislation.
Thus, neither statement is correct. Hence, the correct answer is (d) Neither 1 nor 2.
Most Upvoted Answer
Consider the following statements regarding Fundamental Rights and Leg...
Explanation of Statements
The two statements regarding Fundamental Rights and Legal Rights need careful examination.
Statement 1: Both Legal rights and Fundamental rights are protected by the Constitution.
- This statement is incorrect.
- Fundamental Rights are specifically enshrined in the Constitution and are enforceable in courts.
- Legal Rights, however, can arise from statutes, regulations, or common law, and while they may be influenced by constitutional principles, they do not have the same level of constitutional protection.
Statement 2: Fundamental Rights cannot be amended whereas legal rights can be amended.
- This statement is also incorrect.
- Fundamental Rights can be amended under certain conditions as per Article 368 of the Constitution, although such amendments cannot alter the basic structure of the Constitution.
- Legal Rights, being derived from laws, can be amended or repealed by legislative processes, making them more flexible.
Conclusion
Since both statements are incorrect, the correct answer is option 'D': Neither 1 nor 2.
Understanding the differences between Fundamental Rights and Legal Rights is crucial for comprehending constitutional law and the legal framework in India.
The two statements regarding Fundamental Rights and Legal Rights need careful examination.
Statement 1: Both Legal rights and Fundamental rights are protected by the Constitution.
- This statement is incorrect.
- Fundamental Rights are specifically enshrined in the Constitution and are enforceable in courts.
- Legal Rights, however, can arise from statutes, regulations, or common law, and while they may be influenced by constitutional principles, they do not have the same level of constitutional protection.
Statement 2: Fundamental Rights cannot be amended whereas legal rights can be amended.
- This statement is also incorrect.
- Fundamental Rights can be amended under certain conditions as per Article 368 of the Constitution, although such amendments cannot alter the basic structure of the Constitution.
- Legal Rights, being derived from laws, can be amended or repealed by legislative processes, making them more flexible.
Conclusion
Since both statements are incorrect, the correct answer is option 'D': Neither 1 nor 2.
Understanding the differences between Fundamental Rights and Legal Rights is crucial for comprehending constitutional law and the legal framework in India.
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Consider the following statements regarding Fundamental Rights and Legal Rights:1. Both Legal rights and fundamental rights are protected by the Constitution.2. Fundamental Rights cannot be amended whereas legal rights can be amended.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 'D'. Can you explain this answer?
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