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Which of the following statements is/are correct? 1. Some Rights contained in Part-III of the Constitution of India are enforceable against the State only 2. Some Rights contained in Part-III of the Constitution of India are enforceable in favor of citizens only 3. Some Rights contained in Part-III of the Constitution of India are enforceable against both, the state and individuals Select the answer using the code given below:
Explanation
Part III of the Constitution contains rights with varying scopes of enforceability. Statement 1 is correct as most Fundamental Rights, such as Article 14 (Equality before law), are primarily enforceable against the 'State' as defined in Article 12 [1]. Statement 2 is correct because certain rights, such as Article 15(1), Article 16, and Article 19, are specifically guaranteed to 'citizens only' rather than all persons [3]. Statement 3 is correct as specific provisions like Article 15(2) (access to shops/public places), Article 17 (abolition of untouchability), Article 23 (prohibition of forced labor), and Article 24 are enforceable against both the State and private individuals [1]. Recent judicial interpretations have further expanded the horizontal application of rights like Article 21 against non-state actors in specific contexts. Thus, all three statements accurately describe the multi-dimensional enforceability of Fundamental Rights.
Sources
- [1] https://www.mcrhrdi.gov.in/splfc2021/subjects/PCCI/2021%20sfc%20State%20(Article12)%20(1).pdf
- [3] https://legalaffairs.gov.in/sites/default/files/chapter%203.pdf