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Which of the following is true regarding the Fundamental Rights in India? 1) They are enforceable by the courts. 2) They can be suspended during a National Emergency. 3) They are absolute in nature.
Only 1
1 and 2
2 and 3
1, 2 and 3
1 and 2
Fundamental Rights enshrined in Part III of the Indian Constitution are justiciable and enforceable by the Supreme Court under Article 32 and High Courts under Article 226. Furthermore, they can be suspended during a National Emergency declared under Article 352, except for the rights guaranteed under Articles 20 and 21. However, they are not absolute in nature as reasonable restrictions can be imposed on them in the interest of public order, sovereignty, and integrity of India.
Fundamental Rights enshrined in Part III of the Indian Constitution are justiciable and enforceable by the Supreme Court under Article 32 and High Courts under Article 226. Furthermore, they can be suspended during a National Emergency declared under Article 352, except for the rights guaranteed under Articles 20 and 21. However, they are not absolute in nature as reasonable restrictions can be imposed on them in the interest of public order, sovereignty, and integrity of India.
Fundamental Rights are borrowed from the Constitution of the USA (Bill of Rights) and are contained in Part III (Articles 12 to 35) of the Indian Constitution, famously described as the Magna Carta of India.
Fundamental Rights are enforceable by the courts through writ jurisdictions under Articles 32 and 226.
Under Article 358 and Article 359, Fundamental Rights can be suspended during a National Emergency.
Fundamental Rights are not absolute; reasonable restrictions apply to maintain public order and morality.
Statement 1 is correct because Fundamental Rights are justiciable, meaning individuals can directly approach the Supreme Court for their enforcement.
Statement 2 is correct because Article 359 allows the President to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency, though Articles 20 and 21 cannot be suspended.
Statement 3 is incorrect because no Fundamental Right is absolute; the state can impose reasonable restrictions on them.
Therefore, statements 1 and 2 are true, making Option B the correct answer.
B is correct тАФ Only statements 1 and 2 are correct as Fundamental Rights are justiciable and suspendable during a National Emergency, but they are not absolute.
When studying Fundamental Rights, always correlate them with Emergency Provisions (Part XVIII) and Judicial Review to understand how rights are curtailed during crises.
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