Question

Regarding Fundamental Rights in India, which of the following statements are accurate?

1. Fundamental Rights are enshrined in Part-III of the Indian Constitution.
2. Fundamental Rights are inspired by the United States Bill of Rights.
3. Fundamental Rights can be curtailed or restricted by the Parliament.
4. Fundamental Rights can be enforced through the courts when violated.

• A. None of these
• B. iv only
• C. All of these
• D. ii only

Answer 1

Answer:

C. All of these

Fundamental Rights

• The Fundamental Rights in India enshrined in part III of the constitution of India
• Fundamental Rights are guaranteed civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India
• Fundamental Rights are often referred as the "Magna Carta of the Indian Constitution."
• The development of Fundamental Rights in India drew inspiration from the United States Bill of Rights.
• India's constitution framers admired the protection of individual liberties and rights in the U.S. Constitution and incorporated similar provisions into the Indian Constitution.

The six fundamental rights are:

1. 1. Right to equality (Article 14–18)
   2. Right to freedom (Article 19–22)
   3. Right against exploitation (Article 23–24)
   4. Right to freedom of religion (Article 25–28)
   5. Cultural and educational rights (Article 29–30)
   6. Right to constitutional remedies (Article 32-35)

Curtailed or restricted by the Parliament.

• Fundamental Rights are not sacrosanct or absolute i.e, the parliament can curtail them or put reasonable restrictions for a fixed period of time.
• These restrictions must adhere to the principles of reasonableness and proportionality, and they can be temporary, especially during a state of emergency.
• However, the court has the power to review the reasonability of the restrictions.

Enforced through the courts when violated.

• Fundamental Rights can be enforced through the courts when violated
• Fundamental Rights are justiciable, meaning that individuals can approach the courts, including the Supreme Court of India, if they believe their Fundamental Rights have been violated or restricted.
• In writ petitions before these courts, a person or a citizen can seek enforcement of fundamental rights and redress for their breach.
• The courts have the authority to review the reasonability of any restrictions imposed on these rights.