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Q81 (CDS-I/2024) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Constitutional Remedies Answer Verified

Consider the following statements: 1. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by the action of a government authority. 2. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by not only the action of a government authority, but also by its inaction.

Result
Your answer: —  Â·  Correct: C
Explanation

Under Part III of the Constitution of India, Fundamental Rights are primarily enforceable against the 'State' as defined in Article 12 [4]. Statement 1 is correct as individuals can seek remedies under Article 32 or Article 226 when their rights are violated by the positive actions or encroachments of government authorities [3]. Statement 2 is also correct because the judiciary has established that the State has a positive obligation to protect rights; thus, a failure to act (inaction) or an omission that results in a violation of Fundamental Rights—such as the failure to protect life or liberty—is equally justiciable [3]. While some rights are negative restrictions on State power, others require positive State action to be realized [3]. Consequently, both the active infringement and the failure to perform a constitutional duty (inaction) by the State are grounds for enforcement through constitutional remedies [5].

Sources

  1. [4] https://www.mea.gov.in/images/pdf1/part3.pdf
  2. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 152
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Exceptions to Funda· mental Rights. > p. 96
  4. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RICHTTO CONSTITUTIONAL REMEDIES > p. 98
  5. [5] https://www.indiacode.nic.in/bitstream/123456789/16124/1/the_constitution_of_india.pdf
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