Consider the following statement regarding Fundamental rights in Indian context 1 These rights are s...........

Indian Polity Fundamental Rights

Consider the following statement regarding Fundamental rights in Indian context:

1. These rights are separately mentioned in the Constitution with special provision for its protection.

2. Constitution itself ensures that they are not violated by the government.

3. Being absolute in nature, legislative actions can be declared illegal if they violate the fundamental rights.

Which of the above statements is/are correct?

1 and 3 only

1 and 2 only

2 only

2 and 3 only

Explanation:

Statement 3 is incorrect: Fundamental Rights are not absolute in nature. However, legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner.

?Fundamental Rights in the Indian Constitution

The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government .
Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country.
Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them.
Judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner. However, fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.