Consider the following statements regarding the enforcement of Fundamental Rights: 1. Citizens can directly approach the Supreme Court or a High Court if a Fundamental Right is violated. 2. Fundamental Rights are enforceable only against the actions of the Executive, not the Legislature. 3. Courts can issue writs for the enforcement of rights against any private individual for any right. Which of the statements given above is/are correct?

Correct Option The correct option is (a). Explanation Fundamental Rights are justiciable, meaning they are legally enforceable by the courts. The Constitution provides specific remedies under Article 32 and Article 226 to ensure that these rights are not merely paper declarations but practical realities protected against violation. Statement-wise Analysis - Statement 1 is Correct: Under Article 32, the right to move the Supreme Court for the enforcement of Fundamental Rights is itself a Fundamental Right. Similarly, Article 226 empowers High Courts to issue writs for the enforcement of these rights. An aggrieved citizen has the option to directly approach either the Supreme Court or the High Court without needing to go through the hierarchy of subordinate courts. - Statement 2 is Incorrect: Fundamental Rights are enforceable against the "State" as defined in Article 12, which explicitly includes both the Executive (Government) and the Legislature (Parliament and State Legislatures). Furthermore, Article 13 declares that any law made by the Legislature that contravenes Fundamental Rights is void. Therefore, protection exists against the arbitrary actions of both the Executive and the Legislature. - Statement 3 is Incorrect: While certain Fundamental Rights (e.g., Article 17 against untouchability, Article 23 against forced labour) are enforceable against private individuals, the writ jurisdiction is primarily designed for public law remedies against the State. The writ of Habeas Corpus can be issued against a private individual, but other writs like Mandamus or Certiorari generally cannot be issued against private bodies or individuals unless they are discharging a public duty. The statement is incorrect because writs are not available against "any" private individual for "any" right. Key Takeaway: Fundamental Rights serve as a check on both the Executive and the Legislature. While Article 32 and 226 allow direct judicial intervention, the writ jurisdiction against private individuals is limited primarily to Habeas Corpus.

Consider the following statements regarding the enforcement of… - NCERT Class 9 Political Science MCQ

NCERT Class 9 Political Science — Chapter 4: Democratic rights

mcqhard

Consider the following statements regarding the enforcement of Fundamental Rights:

Citizens can directly approach the Supreme Court or a High Court if a Fundamental Right is violated.
Fundamental Rights are enforceable only against the actions of the Executive, not the Legislature.
Courts can issue writs for the enforcement of rights against any private individual for any right.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Political Science: Democratic Politics Part – I · Page 13

Options

A1 only
B2 only
C1 and 3 only
D1, 2 and 3

Did you get this right?

Solution

Correct Option

The correct option is (a).

Explanation

Fundamental Rights are justiciable, meaning they are legally enforceable by the courts. The Constitution provides specific remedies under Article 32 and Article 226 to ensure that these rights are not merely paper declarations but practical realities protected against violation.

Statement-wise Analysis

Statement 1 is Correct: Under Article 32, the right to move the Supreme Court for the enforcement of Fundamental Rights is itself a Fundamental Right. Similarly, Article 226 empowers High Courts to issue writs for the enforcement of these rights. An aggrieved citizen has the option to directly approach either the Supreme Court or the High Court without needing to go through the hierarchy of subordinate courts.
Statement 2 is Incorrect: Fundamental Rights are enforceable against the "State" as defined in Article 12, which explicitly includes both the Executive (Government) and the Legislature (Parliament and State Legislatures). Furthermore, Article 13 declares that any law made by the Legislature that contravenes Fundamental Rights is void. Therefore, protection exists against the arbitrary actions of both the Executive and the Legislature.
Statement 3 is Incorrect: While certain Fundamental Rights (e.g., Article 17 against untouchability, Article 23 against forced labour) are enforceable against private individuals, the writ jurisdiction is primarily designed for public law remedies against the State. The writ of Habeas Corpus can be issued against a private individual, but other writs like Mandamus or Certiorari generally cannot be issued against private bodies or individuals unless they are discharging a public duty. The statement is incorrect because writs are not available against "any" private individual for "any" right.

Key Takeaway: Fundamental Rights serve as a check on both the Executive and the Legislature. While Article 32 and 226 allow direct judicial intervention, the writ jurisdiction against private individuals is limited primarily to Habeas Corpus.

Your note

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