Discussion
Consider the following statements with regard to the fundamental rights :
i. The doctrine of waiver is inapplicable to fundamental rights as like in the USA Constitution.
ii. The Part-III of the Constitution contains the self executory and non-executory fundamental rights.
iii. The Supreme Court opined in Menaka Gandhi case that the provisions in Part-III are not mutually exclusive and forms part of integrated whole.
iv. The nature of fundamental rights is absolute.
v. The President of India is authorized to suspend the fundamental rights during the period of emergency except Articles 20 and 21.
In the above statements, which are correct ?
Answer: C
Statements ii, iii and v are correct, so the answer is Only (ii, iii and v).
ii is correct: some rights in Part III operate by themselves, while others need a law to give them effect or to punish their breach (Article 35). iii is correct: in Maneka Gandhi v. Union of India (1978) the Court held that Articles 14, 19 and 21 are not mutually exclusive but form an integrated whole. v is correct: under Article 359, as amended, the enforcement of fundamental rights can be suspended during emergency except for Articles 20 and 21.
i is wrong: fundamental rights cannot be waived in India (Basheshar Nath, 1959), but that is unlike the US position, not 'as like' it. iv is wrong: fundamental rights are not absolute; most are subject to reasonable restrictions.
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