Consider the following statements regarding Fundamental Rights:

(i) They are justiciable
(ii) They are absolute
(iii) They can be negative or positive
(iv) They are amendable

Question

Consider the following statements regarding Fundamental Rights:

(i) They are justiciable
(ii) They are absolute
(iii) They can be negative or positive
(iv) They are amendable

Accepted Answer

Only (ii) is wrong - Features of Fundamental Rights:Justiciable in nature (Statement i is correct): Fundamental Rights are justiciable. This means that if these rights are violated, a citizen has the right to move the courts (Supreme Court under Article 32 or High Courts under Article 226) for their enforcement.Not Absolute but Qualified (Statement ii is wrong): Fundamental rights are not absolute. The State can impose 'reasonable restrictions' on them based on grounds like national security, public order, and morality. The courts decide whether these restrictions are reasonable or not.Negative or Positive Character (Statement iii is correct): Some fundamental rights are negative in character as they place limitations on the authority of the State (e.g., Article 14 ensures the state shall not deny equality). Others are positive in nature as they confer certain privileges on the individuals (e.g., Article 25 gives the right to freedom of religion).Amendability (Statement iv is correct): Fundamental Rights are not sacrosanct or permanent. The Parliament can curtail or repeal them, but only by a constitutional amendment act under Article 368, and not by an ordinary act. However, such amendments must not violate the 'basic structure' of the Constitution (as established in the Kesavananda Bharati case, 1973).

Consider the following statements regarding Fundamental Rights: (i) They are justiciable (ii) They are absolute (iii) They can be negative or positive (iv) They are amendable

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