Fundamental Rights under Part III of the Constitution are enforceable against the 'State' (defined broadly under Article 12). This enforcement can be sought when the State's actions violate these rights. Furthermore, judicial interpretation has established that the State's inaction or failure to perform a legal duty that results in the violation of fundamental rights is also challengeable.
Consider the following statements : 1. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by the action of a government authority. 2. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by not only the action of a government authority, but also by its inaction. Which of the statements given above is/are correct?
Asked in UPSC CDS 1 2024 · Topic: Fundamental Rights (Enforcement of Fundamental Rights and the Role of Judiciary)
More Indian Polity and Governance questions
- Under the Constitution of India who is the guardian of fundamental rights ?
- With reference to India, consider the following statements : 1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/ her right. 2. State Governments have their own Prisoners Release on Parole Rules. Which of the statements given above is/are correct?
- Consider the following statements with respect to Article 32 and Article 226 of the Constitution of India : Article 32 confers a right on the petitioner while Article 226 confer a discretion on the High Court. Article 32 and Article 226 confer identical power on the Supreme Court and the High Courts to enforce the Fundamental Rights. The power of superintendence of the Supreme Court over the High Courts is not similar to the powers of superintendence conferred on the High Courts over the courts subordinate to them. Which of the above statements is/are not correct?
- Which of the following statements relating to Fundamental Rights is not correct ?
- Who is the protector of the Fundamental Rights of a citizen?
- The Guardian of Fundamental Rights is
- Under the Constitution who among the following is the guardian of the Fundamental Rights?
- Which one of the following subjects comes under the common jurisdiction of the Supreme Court and the High Court?