UPSC General Studies Sample Paper General Studies Sample Paper-1

  • question_answer
    Consider the following statements regarding the Fundamental Rights described in the Constitution.
    1. Laws seeking to give effect to Fundamental Rights can be made by both Parliament and State Legislatures.
    2. Any of the Fundamental Rights given in Part III of the Constitution can be amended by Parliament.
    3. All the Fundamental Rights are applicable only against the actions of the state and not those of private (individuals.
    4. All Fundamental Rights are negative in nature i.e. they impose restrictions upon the actions of others.
    Which of the statements) given above is/are correct?

    A)  1, 2 and 4                    

    B)  Only 2            

    C)  2 and 3           

    D)  3 and 4

    Correct Answer: B

    Solution :

    [b] Statement 1 is incorrect, because the power to make laws to implement Fundamental Rights is available only to the Parliament, so as to ensure uniformity across the country. Statement 2 is correct and Parliament can amend any Fundamental Rights as long as such an amendment does not violate the 'basic features' of the Constitution. Statement 3 is incorrect, as Article 17 against untouchability is also applicable to private individuals. Statement 4 is also incorrect. Although most Fundamental Rights are negative in nature as they impose restrictions upon the state to not to encroach upon the rights of the individual, some of them also give positive powers to individuals like the right to establish minority institutions.

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