Which of the following statements is/are correct? 1. Some Rights contained in Part-III of the Constitution of India are enforceable against the State only 2. Some Rights contained in Part-III of the Constitution of India are enforceable in favor of citizens only 3. Some Rights contained in Part-III of the Constitution of India are enforceable against both, the state and individuals Select the answer using the code given below:
- (a)1 and 2 only
- (b)2 only
- (c)1 only
- (d)1, 2 and 3
Correct — D, 1, 2 and 3. All three statements describe real divisions inside Part III. Some rights bind only the State, in the sense given by Article 12 — Article 14 on equality before law, Article 16 on public employment, Article 18(1) on titles and Article 21 on life and personal liberty are enforced against State action. Some are guaranteed to citizens alone — Articles 15, 16, 19, 29 and 30 use the word citizen, while Articles 14, 20, 21, 21A, 22, 23, 25, 27 and 28 speak of any person, which is why a foreigner in India can claim the second set but not the first. And some operate against private individuals as well as the State: Article 15(2) on access to shops, hotels and public places, Article 17 abolishing untouchability, Article 23 forbidding traffic in human beings and forced labour, and Article 24 forbidding the employment of children in hazardous work.
- (a)1 and 2 only — It denies that any Part III right runs against a private person. Article 17 and Article 23 are the standing counter-examples — untouchability and bonded labour are practised by individuals, and the Constitution reaches them directly.
- (b)2 only — It accepts the citizen-only category and rejects the State-only one, though the State-only category is the larger of the two. Article 14 and Article 21 are enforced against the State as defined in Article 12.
- (c)1 only — It ignores the citizen-versus-person distinction that runs through the whole Part. Article 19's six freedoms are available to citizens; Article 21 is available to any person, including a foreigner.
Part III sorts along two independent axes. The first is who holds the right — some articles say citizen, others say person. The second is who the right binds — most are claims against the State as defined in Article 12, but a small set is enforceable horizontally, against private parties. Articles 15(2), 17, 23 and 24 make up that horizontal set, and the Supreme Court has read Article 17 in particular as directly enforceable against individuals.
The wording of the three statements is deliberately mild. Each begins with the word some, so a single example is enough to accept it, and refusing any one of them requires showing that no such right exists. Once a candidate spots that Article 17 is addressed to a social practice rather than to a government, statement 3 is settled, and with statements 1 and 2 being textbook divisions the only option that survives is the one taking all three.
- Article 12 defines the State for the purposes of Part III, covering government, Parliament, legislatures and local and other authorities.
- Articles 15, 16, 19, 29 and 30 are available to citizens only.
- Articles 14, 20, 21, 21A, 22, 23, 25, 27 and 28 are available to any person, including foreigners.
- Articles 15(2), 17, 23 and 24 are enforceable against private individuals as well as the State.
- Article 17 abolishes untouchability and sits within the Right to Equality group, Articles 14 to 18.
Each of the three printed statements names one of these rows, so all three are accepted.
- Assuming every fundamental right runs only against the government.
- Treating Article 21 as a citizens' right; it protects any person.
- Reading the word some in each statement as though it meant all.
Three broad classification statements, each true if a single example exists — so the examiner is testing whether a candidate knows the exceptions, not the rule.
Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
- (a) Right against Exploitation
- (b) Right to Freedom
- (c) Right to Constitutional Remedies
- (d) Right to Equality
Answer(d) Right to Equality
The article that carries statement 3 here. Untouchability is abolished by Article 17, inside the Right to Equality group, and it is the clearest case of a Part III right operating against private persons.
- practice — not a real PYQ
Which one of the following fundamental rights is available to citizens as well as to foreigners in India?
- (a)Article 15
- (b)Article 19
- (c)Article 21
- (d)Article 29
Answer(c) Article 21 — it protects the life and personal liberty of any person, while Articles 15, 19 and 29 speak of citizens.
- practice — not a real PYQ
Which one of the following fundamental rights is enforceable against private individuals and not merely against the State?
- (a)Article 14
- (b)Article 16
- (c)Article 17
- (d)Article 18(1)
Answer(c) Article 17 — the abolition of untouchability binds private persons directly.