UPSC General Studies Sample Paper General Studies Sample Paper-10

  • question_answer
    Which of the following statements regarding the development of Fundamental Rights over the years are incorrect?
    1. Right to Property used to be a Fundamental Right, but it is no longer a right available to citizens.
    2. Article 21 has been hugely enlarged by Supreme Court judgements.
    3. Provision related to procedure established by law in the part on Fundamental Rights has been amended by Supreme Court judgement into due process of law.
    4. Protection to Fundamental Rights under Article 13 has been diluted.
    Select the correct answer using the codes given below.

    A)  1, 2 and 4                    

    B)  1, 3 and 4         

    C)  1 and 3

    D)  None of these

    Correct Answer: C

    Solution :

    [c] Statement 1 is incorrect. Right to Property used to be a Fundamental Right under the Constitution, but it was removed from the Part III of the Constitution and it is now an ordinary constitutional right. Statement 2 is correct as the Right to Life and Liberty under Article 21 has been liberally interpreted by Supreme Court judgements to include many rights like the right to food, clean environment, information, employment etc. Statement 4 is correct as well. Article 13 provides that any law which is inconsistent with the Fundamental Rights will be void. Since the 24th Amendement Act of the Constitution in 1971, the meaning of law under Article 13 of the Constitution has excluded any act done under Article 368 of the Constitution. American Constitution provides for due process of law against that of procedure established by law which is contained in the Indian Constitution so, procedure established by law cannot amended by Supreme Court judgement into due process of law.      

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