Which of the following is an important feature of Fundamental rights?

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JKSSB SI Official Paper (Held On: 11 Dec 2022 Shift 1)
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  1. It is protected by Constitution
  2. It is Unjustifiable in nature
  3. Government cannot put restrictions on this rights on whatever condition
  4. Key head positions are exceptions to this rights

Answer (Detailed Solution Below)

Option 1 : It is protected by Constitution
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Detailed Solution

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The correct answer is It is protected by Constitution.

Key Points

  • Fundamental rights are a crucial part of the Indian Constitution.
  • These rights are enshrined in Part III of the Constitution of India.
  • The protection of these rights is ensured by the Supreme Court and High Courts through the power of judicial review.
  • Fundamental rights are designed to guarantee civil liberties to all the citizens of India.
  • These rights help in ensuring the protection and preservation of human dignity, equality, and freedom.
  • Key articles that protect these rights include Article 32 and Article 226.

 Additional Information

  • It is Unjustifiable in nature
    • Unjustifiable means not enforceable by law, which is not true for fundamental rights as they are enforceable.
    • Fundamental rights are justiciable, meaning they are subject to trial in a court of law.
  • Government cannot put restrictions on these rights on whatever condition
    • The government can impose reasonable restrictions on fundamental rights under specific circumstances such as in the interest of sovereignty, security, and public order.
    • These restrictions are mentioned in various constitutional articles such as Article 19.
  • Key head positions are exceptions to these rights
    • There are no specific exemptions for key head positions with respect to fundamental rights, but certain rights may have limitations for specific offices or individuals.
    • For example, Article 33 allows Parliament to modify the rights of armed forces personnel.
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