Question

If our Fundamental Rights are violated, where can we seek the remedy?
A.Supreme Court or High Courts
B.Parliament
C.Election Commission
D.Council of Ministers

Answer 1

Hint: Fundamental Rights are essential human rights guaranteed to all Indian citizens under Part III (Articles 12-35) of the Indian Constitution. The six fundamental rights enshrined in the Constitution are: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Article 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Articles 32).

Complete Step by Step answer: Option A: Supreme Court or High Courts is correct because if any of the Fundamental Rights are violated, the individual affected is entitled to move to the Supreme Court or High Court for protection and enforcement of their rights. The Supreme Court is, therefore, the guardian of the Constitution and the custodian of people's fundamental rights.
Option B: Parliament is incorrect because although the Parliament has the power to make laws and amendments to the Constitution, it is the Supreme Court that has been granted the power of judicial review. This means that the Supreme Court may declare a law passed by the Parliament or state legislature as null and void if these are found to be inconsistent with the Constitution.
Option C: Election Commission is incorrect because the role of the Election Commission is to function as an autonomous institution that administers election processes in India. The Commission ensures the conduct of periodic, free and fair elections at the national and state level.
Option D: Council of Ministers is incorrect because the Council of ministers comprises appointed members of the executive that is collectively responsible to the Lok Sabha.

Note: Do not confuse the Fundamental Rights with the Directive Principles of State Policy which are contained in Part IV of the Indian Constitution. Unlike the Fundamental Rights, the Directive Principles of State Policy are non-justiciable. They are social and economic rights that act as guiding principles of governance of the country.