Question

Which of the following statements is/are correct about Fundamental Rights?

1. They are meant for promoting the idea of political democracy.

2. They are inspired by the USA- the Bill of Rights. 

3. They are absolute in nature.

4. All Fundamental Rights can be suspended during an Emergency.

1. 1 and 3 only
2. 2 and 4 only
3. 1 and 2 only
4. 2 and 3 only

Answer 1

Correct Answer - Option 3 : 1 and 2 only

The correct answer is 1 and 2 only.

• “Rights are those conditions of social life without which no man seeks to be himself at his best”- Harold Laski.
• The fundamental rights are meant for promoting the idea of political democracy. Hence statement 1 is correct.
• Fundamental rights are those rights without which no person can enjoy his existence on earth.
• They are derived from the constitution of the USA- the Bill of Rights. Hence statement 2 is correct.
• Part 3 of the Indian Constitution is also described as the Magna Carta of India as it contains a long and comprehensive list of fundamental rights.

Features of fundamental rights

• They are an integral part of the Indian Constitution.
• They are not absolute and are qualified. Hence statement 3 is not correct.
• There are limitations based on reasonable actions for the collective interest of society.
• They are Justiciable meaning they can be enforced in a court of law.
• They can be amended which means they are not sacrosanct and permanent. however, some fundamental rights are so crucial that they cannot be amended by the Parliament and forms part of the basic structure of the Indian Constitution.
• They can be suspended during an Emergency except for articles 20 and 21. Hence statement 4 is not correct.
• Fundamental rights enjoy superior to ordinary laws. 
• The guarantee some special rights to the minority section like women, children, and weaker section of the society.
• They are not based on the theory of natural rights. 
• The Right to Property is not a fundamental right and became a constitutional right under Article 300A by the 44th Amendment 1978.