The arbitrary and absolute exercise of power by the State
Explanation
Fundamental Rights, enshrined in Part III of the Constitution (Articles 12–35), are justiciable rights guaranteed to individuals to promote the ideal of political democracy. They function primarily as limitations on the authority of the State.Analysis:
- The arbitrary and absolute exercise of power by the State is Correct: The primary objective of Fundamental Rights is to protect the liberties and freedoms of the people against invasion by the State. They serve as a check on the tyranny of the executive and the arbitrary laws of the legislature, thereby preventing the establishment of authoritarian rule. They ensure that the State does not exercise power in an arbitrary or absolute manner.
- The judicial review power of the Supreme Court is Incorrect: Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. Fundamental Rights do not protect against judicial review; rather, judicial review is the mechanism used to enforce Fundamental Rights under Article 13 and Article 32.
- The fluctuations of market forces in the economy is Incorrect: While the Constitution contains provisions regarding trade and commerce, the primary function of Fundamental Rights is political and civil protection, not insulation from economic market fluctuations.
- The cultural dominance of foreign nations is Incorrect: While Articles 29 and 30 protect the cultural and educational rights of minorities, the overarching purpose of Part III is protection against the State's infringement on individual liberties, not specifically against foreign cultural dominance.
Key Takeaway: Fundamental Rights operate as negative obligations on the State, restricting its authority to ensure the protection of individual liberty and the maintenance of the rule of law.