Consider the following statement regarding Fundamental rights and identify the correct one s 1 Some ...........

Indian Polity Fundamental Rights

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Consider the following statement regarding Fundamental rights and identify the correct one/s

1. Some rights are not self-executory and require a legislation for their enforcement.

2. Fundamental rights are available against arbitrary action of state only and not private individuals.

Select the correct answer using the codes given below:

1 only

2 only

1 and 2 Both

None of the above

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Explanation:

First statement is correct. Most of the fundamental rights are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them.
For example, Article 17- Abolition of un-touchability and prohibition of its practice
Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained (Article 35).

Second statement is incorrect. Most of the fundamental rights are available against the arbitrary action of the State, with a few exceptions like those against the State’s action and against the action of private individuals. For example- Article 17. When the rights that are available against the State’s action only are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies.