Consider the following statements regarding the "Right to Constitutional Remedies": 1. It is a Fundamental Right guaranteed under the Constitution. 2. It empowers the State to amend the Constitution to remedy defects. 3. It empowers citizens to approach the court against the State. Which of the statements given above is/are correct?

Correct Option The correct option is (c) 1 and 3 only. Explanation The Right to Constitutional Remedies is enshrined in Article 32 of the Indian Constitution. Dr. B.R. Ambedkar described this article as the "heart and soul" of the Constitution because it provides the machinery for the enforcement of Fundamental Rights. Without this remedy, the rights provided in Part III would be meaningless. Statement-wise Analysis - Statement 1 is Correct: The Right to Constitutional Remedies (Article 32) is itself a Fundamental Right included in Part III of the Constitution. It guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part. - Statement 2 is Incorrect: Article 32 does not deal with the power to amend the Constitution. The power to amend the Constitution is vested in the Parliament under Article 368. Article 32 is strictly limited to the enforcement of Fundamental Rights and does not grant the State powers to remedy constitutional defects through amendments. - Statement 3 is Correct: The primary purpose of Article 32 is to empower citizens to approach the Supreme Court directly if their Fundamental Rights are violated by the State. It acts as a protection for the individual against the arbitrary actions of the State. Key Takeaway Article 32 confers the right to remedies for the enforcement of Fundamental Rights, making the Supreme Court the guarantor and defender of these rights. It is a basic feature of the Constitution and cannot be taken away even by constitutional amendment.

Consider the following statements regarding the "Right to… - NCERT Class 8 Political Science MCQ

NCERT Class 8 Political Science — Chapter 1: The Indian Constitution

mcqmedium

Consider the following statements regarding the "Right to Constitutional Remedies":

It is a Fundamental Right guaranteed under the Constitution.
It empowers the State to amend the Constitution to remedy defects.
It empowers citizens to approach the court against the State.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Social & Political Life III · Page 14

Options

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

Did you get this right?

Solution

Correct Option

The correct option is (c) 1 and 3 only.

Explanation

The Right to Constitutional Remedies is enshrined in Article 32 of the Indian Constitution. Dr. B.R. Ambedkar described this article as the "heart and soul" of the Constitution because it provides the machinery for the enforcement of Fundamental Rights. Without this remedy, the rights provided in Part III would be meaningless.

Statement-wise Analysis

Statement 1 is Correct: The Right to Constitutional Remedies (Article 32) is itself a Fundamental Right included in Part III of the Constitution. It guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part.
Statement 2 is Incorrect: Article 32 does not deal with the power to amend the Constitution. The power to amend the Constitution is vested in the Parliament under Article 368. Article 32 is strictly limited to the enforcement of Fundamental Rights and does not grant the State powers to remedy constitutional defects through amendments.
Statement 3 is Correct: The primary purpose of Article 32 is to empower citizens to approach the Supreme Court directly if their Fundamental Rights are violated by the State. It acts as a protection for the individual against the arbitrary actions of the State.

Key Takeaway

Article 32 confers the right to remedies for the enforcement of Fundamental Rights, making the Supreme Court the guarantor and defender of these rights. It is a basic feature of the Constitution and cannot be taken away even by constitutional amendment.

Your note

More from Chapter 1: The Indian Constitution

Consider the following statements regarding the concept of 'Tyranny of the Majority': 1. It can refer to one community dominating another. 2. It never involves members of one community dominating others within the same community. 3. The Constitution contains rules to prevent the exclusion of minorities from resources available to the majority. Which of the statements given above is/are correct?

medium

With reference to Nepal’s political developments, the democracy movement of 2006 resulted in which of the following outcomes?

medium

Match List I with List II and select the correct answer using the code given below: List I | List II A. Federalism | 1. Each organ acts as a check on the other organs B. Parliamentary Form | 2. Existence of more than one level of government C. Separation of Powers | 3. Protects citizens against arbitrary exercise of state power D. Fundamental Rights | 4. Elected representatives accountable to the people

easy

With reference to the concept of 'Constitutive Rules' in a society, consider the following: 1. They define the fundamental nature of a society. 2. They are temporary rules that change with every election. 3. In modern large societies, these rules are typically formulated through consensus. Which of the statements given above is/are correct?

medium

In the context of the Indian Constitution, the term 'State' refers to:

medium

Keep practising Chapter 1: The Indian Constitution

Work through every question from this NCERT chapter.

Browse all NCERT Class 8 Political Science chapters