Which part of the Indian Constitution contains the Fundamental Rights of the citizens?

  1. Part III of the Constitution
  2. Part VI of the Constitution
  3. The Seventh Schedule of the Constitution
  4. None of the above 

Answer (Detailed Solution Below)

Option 1 : Part III of the Constitution
Free
RRB NTPC CBT-I Official Paper (Held On: 4 Jan 2021 Shift 1)
100 Qs. 100 Marks 90 Mins

Detailed Solution

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The correct answer is Part III of the Constitution.

Key Points

  • Fundamental Rights (FRs) are known as the base of the Indian constitution & mentioned in Part III of the constitution.
  • They prohibit unreasonable interference of the state & prevents its executive & legislature to become authoritarian, hence put due limitations of state power.
  • Observance of fundamental duties is required for having one’s FRs redressed in case of their violation.

Important Points

  • FRs are not absolute but qualified rights.
  • It Subject to certain restrictions imposed by the state on the question of national security, interest & general welfare of the society.
  • But restrictions are checked by SC & HCs, whether restrictions are reasonable or not.
  • SC verdict in the Golaknath V/S state of Punjab (1967) - FRs have been given a transcendental position by constitution hence no authority functioning under the constitution including parliament has the power to amend FRs.
  • In Keshavananda Bharati V/S state of Kerala, 1973SC held that parliament has the power to amend any provision of the constitution including part III, however, parliament’s amending power subjects to “Basic structure of the constitution".

Additional Information

There are six Fundamental Rights-

Article 14 – 18 Right to Equality
Article 19-22 Right to Freedom
Article 23-24 Right against Exploitation
Article 25-28 Right to Freedom of Religion
Article 29-30 Cultural & Education Rights
Article 32 Right to Constitutional Remedies

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