Question

Q. Consider the following statements with regards to the nature of fundamental rights.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 only
• C. 2 only
• D. 3 only

Answer 1

The correct option is B 1 only

Explanation:

• Statement 1 is correct. All of the fundamental rights are justiciable in nature. It means one can move courts to get them enforced.
• Statement 2 is incorrect. Except for fundamental rights guaranteed under articles 20 and 21, all other fundamental rights can be suspended de facto during a national emergency. Fundamental rights guaranteed under article 19 can be suspended only during war or external aggression and not on the grounds of armed rebellion.
• Statement 3 is incorrect. Parliament has the power to amend all the parts of the constitution including the fundamental rights without changing the characters of the basic structure of the constitution. This practice has been in force since the pronouncements of the Kesavananda Bharti judgment of the supreme court.