Question
Download Solution PDFWhich part of the Indian Constitution contains the Fundamental Rights of the citizens?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe 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, 1973, SC 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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