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Consider the following statements.
Assertion (A): Fundamental Rights check the absoluteness of the authority of the government.
Reason (R): Fundamental Rights itself are absolute.
In the context of the above, which of these is correct?
A is correct, and R is an appropriate explanation of A.
A is correct, but R is not an appropriate explanation of A.
A is correct, but R is incorrect.
Both A and R are incorrect.
Most of FR are available against the arbitrary action of the State, with a few exceptions like those against the State’s action. Some of them are negative in character, that is, place limitations on the authority of the State, Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. In other words, it expressively provides for the doctrine of judicial review. This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights. Thus, FR checks the absoluteness of the government. They are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the courts. Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control. Do you know?
According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.
By: Shubham Tiwari ProfileResourcesReport error
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