Question

What is true with the nature of Fundamental Rights guaranteed by the Indian Constitution?
A) Fundamental Rights are not absolute but are subject to certain qualifications and restrictions.
B) Fundamental Rights are absolute but are subject to certain qualifications and restrictions.
C) Fundamental Rights are not absolute and are not subject to certain qualifications and restrictions.
D) None of the above

Answer 1

Hint: Fundamental rights are covered under Articles 12-35 of the Indian Constitution. These human rights are granted to Indian citizens since the Constitution states that they are inviolable. The right to life, dignity, and education, among other things, all fall under one of the six primary fundamental rights.

Complete answer:
In terms of how they are enforced, fundamental rights differ from regular legal rights. Fundamental rights aren't absolute. They are subject to appropriate restrictions, which include state security, public morality and decency, and cordial relations with foreign countries.It is not sacrosanct or permanent and it is only through the Constitutional Amendment Act that Parliament can curtails or repeal it. The rights are therefore said not to be absolute but to be qualified. Thus, option A is the correct answer.

The Indian Constitution recognises six fundamental rights (Articles 14-22):
- the right to equality (Articles 14-18),
- freedom (Articles 19-22),
- the right to exploitation (Articles 23-24)
- freedom of religion (Articles 25-28)
- cultural and educational rights (Articles 29-30)
- right to remedies under the Constitution (Article 32 and 226).

The right to request directly from either the Supreme Court or the High Court to uphold their fundamental rights, irrespective of race, religion, caste or gender. The aggravated party does not have to be the one to do this.

These fundamental rights not only help to protect but also to prevent gross human rights violations. They underline India's fundamental unity by ensuring all citizens, regardless of background, have access to and use the same facilities.

During the operation of a National Emergency the rights may be suspended except those provided for in Articles 20 and 21. Moreover, only when an external emergency (war or out-post aggression) (and not on the ground of an armed revolt, i.e. internal emergency) exists can the six rights guaranteed under Article 19 be suspended.

Therefore the correct answer is option ‘A’.

Note: Fundamental rights are important since they serve as the country's backbone. They are necessary for the protection of people's interests. Article 13 declares that any law that violates fundamental rights is null and void. There is a specific provision for judicial review here.