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CDS 2024 · PYQ · Fundamental Rights · hard

Consider the following statements : 1. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by the action of a government authority. 2. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by not only the action of a government authority, but also by its inaction. Which of the statements given above is/are correct?

  1. A.1 only
  2. B.2 only✓ Correct
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2

Explanation

Fundamental Rights under Part III of the Indian Constitution are enforceable not only against positive acts of state authorities but also against their inaction or failure to act (omissions) where such inaction leads to violation of these rights. The Supreme Court has consistently held (e.g., in cases relating to environment, custodial violence and right to life) that the State's failure to perform a duty is equally actionable. Therefore statement 2 (which is the more comprehensive and correct formulation) alone is correct, while statement 1 is incomplete.
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