PGLAW 2018 Panjab University Entrance Exam With Answers

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24.

Which Of The Following Is NOT True As Regards A Fundamental Right, As Defined In The Indian Constitution?

A: Fundamental Rights Override Directive Principles Of State Policy
B: A Law Which Violates Any Of The Fundamental Right Is Void
C: Fundamental Rights Are Binding On The Legislature As Well As On The Executive
D: Fundamental Rights Cannot Be Taken Away Even By A Constitutional Amendment If It Forms The Basic Structure Of The Constitution

The answer is: A

Explanation

The option that is NOT true regarding fundamental rights as defined in the Indian Constitution is A: Fundamental Rights Override Directive Principles of State Policy. Explanation: The Indian Constitution enshrines several fundamental rights that guarantee certain basic rights and freedoms to all citizens. These rights are considered fundamental because they are essential for the overall development and well-being of individuals and society as a whole.

The other three options are all true:

B: A law which violates any of the fundamental rights is void - this means that any law passed by the legislature or executive that violates any of the fundamental rights is considered null and void and cannot be enforced.

C: Fundamental rights are binding on the legislature as well as on the executive - this means that all laws and actions of the government must be in compliance with the fundamental rights enshrined in the Constitution.

D: Fundamental rights cannot be taken away even by a constitutional amendment if it forms the basic structure of the Constitution - this means that even a constitutional amendment cannot take away or dilute the fundamental rights if they are considered a part of the basic structure of the Constitution.

However, the first option is not entirely true. While fundamental rights and directive principles of state policy are both enshrined in the Indian Constitution, they do not override each other. In fact, they are complementary to each other, and the Constitution expects the state to balance them in such a way that the interests of individuals and society are both safeguarded. So, both fundamental rights and directive principles of state policy have to be taken into account while making laws and policies.