In India, the judicial system is largely autonomous. The Judiciary must use its powers under Articles 32 and ____________ to protect the fundamental rights given in the Constitution of India.
Show answer & explanation
Correct answer: C
Explanation
The correct answer is option 3 i.e. 13.
- The judicial system in India is largely autonomous. The judiciary must use its powers under Article 32 and Article 13 to protect the fundamental rights given in the Constitution of India.
- Article 32 (Right to Constitutional Remedies): It is a fundamental right, which gives every citizen of India the right to file a petition before the Supreme Court for the enforcement of other fundamental rights recognized by the Constitution.
- Article 13 provides for the following:
- Article 13(1): All laws in force in the territory of India immediately before the commencement of this Constitution shall, to the extent to which they are inconsistent with the provisions of this Part, be void.
- Article 13(2): The State shall not make any law which takes away or abridges the rights conferred by this Part and every law made in contravention of this section shall be void to the extent of the contravention.
- Article 13(3): In this Article, unless the context otherwise requires-
- (a) “law” includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in the territory of India;
- (b) “law in force” includes any law passed or made by any Legislature or other competent authority in the territory of India before the commencement of this Constitution which has not already been repealed, whether any such law or its Any part is not in force at that time either completely or in specific areas.
- Article 13 (4): Nothing in this article shall apply to any amendment of this Constitution made under Article 368.