Question map
Consider the following statements : The Fundamental Rights under the Indian Constitution are fundamental because I. they are protected and enforced by the Constitution. II. they can be suspended only in the manner prescribed, by the Constitution. III. they are enforceable against the State. IV. they cannot be amended. Which of these statements are correct?
Explanation
Fundamental Rights are considered fundamental because they are protected and enforced by the Constitution, specifically through Article 32, which is a 'constitutional remedy' and the cornerstone of the legal edifice [1]. Statement II is correct as these rights can only be suspended in the manner prescribed by the Constitution, such as under Articles 358 and 359 during an Emergency. Statement III is accurate because these rights are primarily enforceable against the State to prevent arbitrary action [2]. Statement IV is incorrect; while they form part of the 'basic structure' and cannot be abrogated, they are not unamendable. The Supreme Court in the Kesavananda Bharati case ruled that Parliament can amend Fundamental Rights under Article 368 provided the basic structure remains intact. Thus, statements I, II, and III are correct.
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 152
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97