Consider the following statements : 1. Under Part III of the Constit

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 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-1 – 2024

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The correct answer is C. Both statements 1 and 2 are correct.

Fundamental Rights under Part III of the Constitution are enforceable against the ‘State’ (defined broadly under Article 12). This enforcement can be sought when the State’s *actions* violate these rights. Furthermore, judicial interpretation has established that the State’s *inaction* or failure to perform a legal duty that results in the violation of fundamental rights is also challengeable.

The Supreme Court and High Courts, using powers under Articles 32 and 226, can issue writs like Mandamus to compel public authorities to perform their duties, thereby addressing violations arising from state inaction. For example, the state’s failure to prevent environmental pollution or provide adequate security can be challenged if it leads to a violation of the right to life or personal liberty.

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