Question

Q. With reference to “Fundamental Rights in the Indian polity”, which of the following statements is/are correct?

Select the correct answer using the code given below:

• A.
  1 only
• B.
  2 only
• C.
  Both 1 and 2
• D.
  Neither 1 nor 2

Answer 1

The correct option is D

Neither 1 nor 2
Explanation:

Statement 1 is incorrect: 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. For example, the following rights are provided only for Indian citizens.

1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
   (Article 15).
2. Equality of opportunity in matters of public employment
   (Article 16).
3. Protection of six rights regarding freedom of (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession
   (Article 19).
4. Protection of language, script and culture of minorities
   (Article 29).
5. Right of minorities to establish and administer educational institutions (Article 30).

Statement 2 is incorrect: Most of the Fundamental Rights 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. When the rights that are available against the State’s action only are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies.