SSC Selection Post 2025 PYQ — Question 22

Correct Answer

Part III

Explanation

Fundamental Rights are enshrined in Part III of the Constitution of India, spanning from Article 12 to Article 35. These rights are deeply essential for the personal, moral, and spiritual development of citizens and serve as a vital shield protecting individual liberties against arbitrary state action. This section is often described as the Magna Carta of India, heavily inspired by the Bill of Rights from the United States Constitution. These rights are legally enforceable and justiciable, meaning an individual can directly approach the Supreme Court or High Courts if their Fundamental Rights are violated.

The other sections mentioned in the choices cover distinctly different constitutional frameworks. Part I deals with the Union and its Territory, outlining the structure, names, and formation of Indian states. Part II outlines the legal provisions concerning Citizenship, specifying who became a citizen at the commencement of the Constitution and how citizenship can be acquired or terminated. Part IV contains the Directive Principles of State Policy, which are non-justiciable guidelines meant to help governments formulate welfare policies.

Key Points

The Constitution originally provided seven core Fundamental Rights, but the Right to Property was removed by the 44th Amendment Act in 1978 and turned into a simple legal right under Article 300A.

The existing six categories of Fundamental Rights include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies.

Article 32, which grants the Right to Constitutional Remedies, enables individuals to move the Supreme Court to issue specific writs for enforcement, a provision that Dr. B.R. Ambedkar famously called the heart and soul of the Constitution.

Additional Facts

Unlike ordinary legal rights, Fundamental Rights can only be suspended during a state of National Emergency declared under Article 352, with the crucial exception of Article 20 (Protection in respect of conviction for offenses) and Article 21 (Protection of life and personal liberty) which can never be suspended.

These protections apply universally to all citizens, though certain rights are also extended to foreign nationals, excluding enemy aliens.

Important Questions and Answers

Question: Which specific country's constitutional framework heavily inspired the inclusion of the justiciable Fundamental Rights section in the Indian Constitution?

Answer: The United States Constitution, particularly its Bill of Rights, heavily inspired the justiciable framework of Fundamental Rights in India.

Question: Can the Fundamental Rights outlined in Part III be amended by the Parliament, and are there any constraints to this amending power?

Answer: Yes, Parliament can amend Fundamental Rights using a constitutional amendment, but it cannot alter or destroy the Basic Structure of the Constitution, as established by the Supreme Court in the historic Kesavananda Bharati case.