Question

Consider the following statements with regard to the fundamental rights;

i) The doctrine of waiver is inapplicalbe to fundamental rights as like in the USA constitution

ii) The part III of constitution contains the self excutory and non - executory fundamental rights

iii) The Supreme court opined in Menaka Gandhi case that the provisions in part III are not mutually exclusive and forms part of integrated whole.

iv) The nature of fundamental rights is absolute

v) The President of India is authorized to suspend the fundamental rights during the period of emergency except article 20 and 21.

In the above statements which are correct?

• A. Only ( i, iii, and iv)
• B. Only ( i, ii, and v )
• C. Only ii, iii, and v
• D. Only ii , iv and v

Answer 1

Answer:

B. Only ( i, ii, and v )

Statement i) The doctrine of waiver is inapplicable to fundamental rights as like in the USA constitution.

👉 In India, the doctrine of waiver (where a person voluntarily gives up their fundamental rights) is not applicable. The Supreme Court has held that fundamental rights cannot be waived (as in Basheshar Nath v. Commissioner of Income Tax, 1959). This is unlike the US Constitution where certain rights can be waived.

Statement ii) The Part III of Constitution contains the self-executory and non-executory fundamental rights.

✅ Correct
👉 Some fundamental rights are self-executory (they can be enforced without any enabling law, e.g. Article 21) and some require legislation for enforcement (e.g. Article 23 — prohibition of traffic in human beings — where Parliament can prescribe punishment).

Statement v) The President of India is authorized to suspend the fundamental rights during the period of emergency except Article 20 and 21.

✅ Correct
👉 Under Article 359, during an emergency, the President can suspend the right to move any court for the enforcement of fundamental rights (except Articles 20 and 21, as per the 44th Amendment).