Consider the following statements about Constitution and Rights in Indian context 1 The constitution...........

Indian Polity Judiciary

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Consider the following statements about Constitution and Rights in Indian context:

1. The constitution is the result of the rights of the individual as defined and enforced by the courts of law.

2. The constitution is the source of the individual rights.

Which of the above statements is/are correct?

1 only

2 only

Both

None

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Explanation:

The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights (it is in case of England). Because the Magna Carta is the source of Rights from where the genesis of constitution of England began.

In the Indian System, the constitution is the source of the individual rights as codified in Part III of the constitution.
Do you know?
•The Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution. Hence, it cannot be destroyed even by an amendment.
THINK!
•Human Rights.
•Natural Rights