Which of the following statements is INCORRECT regarding Fundamental Rights?
- (a)The Fundamental Rights are mentioned in constitution from article 12 to 35.
- (b)Fundamental Rights can be enforced by Law.
- (c)Article 21 provids right to life.
- (d)Fundamental rights are derived from the Britain Constitution.
Answer
Why
Correct — D. Britain has no single codified constitution, and India's chapter of rights is modelled on the Bill of Rights of the United States Constitution. Statement (d) is therefore the false one, and an INCORRECT question is scored on the false statement.
What India did take from Britain is the parliamentary system, the rule of law, single citizenship and the writs — and it is that last borrowing which makes option (d) tempting.
Why the others are wrong
- (a)The Fundamental Rights are mentioned in constitution from article 12 to 35. — Part III of the Constitution runs from Article 12 to Article 35, so this statement is accurate. In an INCORRECT question an accurate statement is the option you leave alone.
- (b)Fundamental Rights can be enforced by Law. — Article 32 lets a citizen move the Supreme Court directly when a Fundamental Right is violated, so the rights are legally enforceable. The statement is true, hence not the answer.
- (c)Article 21 provids right to life. — Article 21 guarantees protection of life and personal liberty, exactly as the statement says. The paper's typo, provids, does not make a true statement false.
Concept
An INCORRECT-statement item is three facts and one error, and it pays only for the error. Read all four before deciding.
The idea under test is borrowing. The Constituent Assembly took different features from different constitutions.
Fundamental Rights come from the American Bill of Rights, the parliamentary form and the rule of law from Britain, the Directive Principles from Ireland, and the suspension of rights during an emergency from the Weimar Constitution of Germany.
Knowing which source goes with which feature settles a whole family of questions.
The writ jurisdiction under Article 32 is English in origin, so Britain is genuinely present in the machinery that enforces the rights. The rights themselves are still American in model, which is the distinction the item turns on.
Key facts
- The Fundamental Rights sit in Part III of the Constitution, Articles 12 to 35.
- Article 32, the right to constitutional remedies, is what makes the other Fundamental Rights enforceable, and Ambedkar called it the heart and soul of the Constitution.
- The Directive Principles, borrowed from Ireland, sit in Part IV, Articles 36 to 51, and are not enforceable in a court.
- Britain contributed the parliamentary system, the rule of law and single citizenship, not the rights chapter.
Study next
Common traps
- Stopping at the first statement that sounds odd, when an INCORRECT item needs all four checked.
- Confusing the writs, which are English in origin, with the rights they enforce, which are American in model.
- Swapping Part III with Part IV, which holds the Directive Principles.
SSC works the borrowing list from both ends — the Irish source of the Directive Principles at 13 Sep 2024, 09:00, GA Q.5, and Part IV with its Articles 36 to 51 at 26 Sep 2024, 09:00, GA Q.10.
Related PYQs
No directly related past PYQ was found.