UPSC Static Quiz – Polity : 15 October 2024

Solution: c)

The Fundamental Rights in India are often referred to as the Magna Carta of India because they safeguard individual liberties and prevent the establishment of arbitrary or authoritarian rule. They serve as checks on the power of the executive and the legislature, ensuring that the rule of law prevails over despotism and tyranny. This is central to upholding political democracy and individual freedoms in India.

solution: b)

The Fundamental Rights guaranteed under Article 19 are automatically suspended only during an external emergency (resulting from war or external aggression), not during internal emergencies (such as armed rebellion). This distinction reflects the seriousness of external threats to national security while maintaining certain freedoms during internal unrest. The rights under Article 19 include important freedoms like speech, assembly, and movement, but these freedoms are subject to reasonable restrictions during national emergencies for the sake of public order and security.

Solution: d)

Statement 1 is incorrect. The enforcement of Fundamental Rights is a matter for the judiciary, not the executive. Individuals can approach the courts if their rights are violated, and the judiciary ensures their protection.

• Statement 2 is incorrect. Fundamental Rights cannot be amended by a simple majority; any amendment requires a constitutional amendment, which typically needs a special majority in both Houses of Parliament.

Statement 3 is incorrect. The judiciary, particularly the Supreme Court and High Courts, plays a critical role in protecting and interpreting Fundamental Rights. Judicial review ensures that the laws passed by the legislature do not violate these rights.

solution: d)

• Statement 1 is incorrect. Parliament cannot suspend Fundamental Rights at will; they can only be suspended during a proclamation of emergency under certain conditions, as provided in the Constitution.
• Statement 2 is incorrect. Even during a state of emergency, the right to life and personal liberty under Article 21 cannot be suspended. The suspension of other rights depends on the nature of the emergency and the specific provisions invoked.

Statement 3 is incorrect. Fundamental Rights are available to both individuals and groups or associations. For example, the right to form associations or unions is a collective right guaranteed under Article 19.

solution: d)

• Statement 1 is incorrect. Fundamental Rights are primarily enforceable against the state, though some rights can be claimed against private individuals in specific situations, such as the right against untouchability.
• Statement 2 is incorrect. Both the Supreme Court and High Courts have the power to issue writs for the enforcement of Fundamental Rights under Articles 32 and 226, respectively.
• Statement 3 is incorrect. While both India and the USA have provisions for Fundamental Rights (inspired by the Bill of Rights), the structure, scope, and implementation of these rights differ significantly between the two countries. Indian Fundamental Rights are more elaborate and cover a broader range of civil liberties.