Question

The model for Fundamental Rights in India has been taken from the _____________.
(A) Constitution of the USA
(b) British Constitution
(C) Constitution of the Fifth French Republic
(D) Irish Constitution

Answer 1

Hint: The Fundamental Rights have been enshrined in Part III of the Constitution from Articles 12 to 35. Part III of the Constitution is also referred to as the ‘Magna Carta’ of India. It contains a comprehensive and very long list of justiciable fundamental rights.

Complete answer:
The model of Fundamental Rights has derived inspiration from the Constitution of the USA (i.e. Bill of Rights). These Fundamental Rights are found in a more elaborate form in our country than in any other country, including the USA.
Originally, our Constitution provided for seven Fundamental Rights: Right to equality (Articles 14-18), Right to freedom (Article 19-22), Right against exploitation (Article 23-24), Right to freedom of religion (Article 25-28), Cultural and Educational Rights (Article 29-30), Right to property (Article 31), and Right to constitutional remedies (Article 32).
However, the right to property was deleted from the list of Fundamental Rights i.e. Part III of the Constitution, by the 44th Constitutional Amendment Act, 1978 and was made a legal right under Article 300-A in Part XII of the Constitution. Thus, currently, there are six Fundamental Rights.
Fundamental Rights are available only to citizens and unavailable to foreigners. They are not sacrosanct in nature, but they are qualified as they can be taken away in the period of emergency, except Article 20 and 21, also the Parliament can curtail or repeal them by a Constitutional Amendment without affecting the basic structure of the Constitution, and the Judiciary can interfere in this if it feels that the laws passed by the Parliament are unconstitutional, and thus declare it as null and void.

Thus, option (A) is correct.

Note: Fundamental rights are justiciable in nature and are defended and guaranteed by the Supreme Court of India.