Which of the following is are the features of the Fundamental Rights enshrined in the Indian Constit...........

Indian Polity Fundamental Rights

Download Solution PDF

Which of the following is/are the features of the Fundamental Rights enshrined in the Indian Constitution?

1.They can be enforced only through a law made by the Parliament.

2.They arepermanent in nature.

3.They are available only against the actions of State.

Select the correct answer using the code given below.

1 Only

1 and 2 Only

2 and 3 Only

None of the above

छोटे Courses बड़े Results

Master Fundamental Rights

Prepare through Micro-courses

Try Now

Explanation:

Features of the Fundamental Rights:

The Fundamental Rights guaranteed by the Constitution are characterised by the following:

Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
They are not absolute but qualified. The state can impose reasonable restrictions on them.
Most of them 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.
Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.
They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
They are defended and guaranteed by the Supreme Court.
They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the ?basic structure‘ of the Constitution.
They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).
Their scope of operation is limited by Article 31-A, B and C
Their application to the members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
Their application can be restricted while martial law is in force in any area. Martial law means ?military rule‘ imposed under abnormal circumstances to restore order (Article 34). It is different from the imposition of national emergency.
Most of them 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. 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).