The Fundamental Rights
Explanation
The Indian Constitution establishes a system of checks and balances to prevent the arbitrary exercise of power by the State and political leaders. The primary mechanism for this protection is the inclusion of justiciable rights that limit state authority.
Detailed Analysis
- Fundamental Rights (Correct): Part III of the Constitution (Articles 12–35) enshrines Fundamental Rights. These rights act as negative obligations on the State, prohibiting it from taking actions that violate individual liberties. They are justiciable, meaning citizens can approach the courts (under Article 32 or 226) if these rights are violated by the misuse of authority by political leaders or the government.
- The Preamble: While it outlines the objectives and philosophy of the Constitution (Justice, Liberty, Equality, Fraternity), it is not a justiciable provision that can be directly enforced in a court of law to check specific instances of misuse of power.
- Directive Principles of State Policy (DPSP): Contained in Part IV, these are guidelines for the State to consider while framing laws. They are non-justiciable and cannot be enforced by courts to prevent the misuse of authority.
- Fundamental Duties: Contained in Part IV-A, these are moral obligations upon the citizens of India, not upon the State or political leaders. They do not serve as a safeguard against state authority.
Key Takeaway: Fundamental Rights are the specific constitutional safeguards that protect citizens against the tyranny of the executive and the arbitrary laws of the legislature.