{"id":93686,"date":"2025-06-01T11:55:22","date_gmt":"2025-06-01T11:55:22","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=93686"},"modified":"2025-06-01T11:55:22","modified_gmt":"2025-06-01T11:55:22","slug":"no-fundamental-rights-can-be-claimed-against","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/no-fundamental-rights-can-be-claimed-against\/","title":{"rendered":"No fundamental rights can be claimed against"},"content":{"rendered":"

No fundamental rights can be claimed against<\/p>\n

[amp_mcq option1=”a Government company” option2=”a Municipal corporation” option3=”a Court” option4=”a Statutory corporation” correct=”option3″]<\/p>\n

\n
\n
This question was previously asked in<\/div>\n
UPSC Combined Section Officer – 2021-22<\/div>\n<\/div>\n
Download PDF<\/a>Attempt Online<\/a><\/div>\n<\/div>\n
\nThe correct answer is C) a Court.
\n<\/section>\n
\nFundamental rights are primarily enforceable against the ‘State’ as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of ‘State’ against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. A court’s administrative actions might be challengeable, but its judicial decisions are subject to appeal procedures, not direct challenge under fundamental rights as actions of the ‘State’.
\n<\/section>\n
\nGovernment companies, Municipal corporations, and Statutory corporations have all been held by the Supreme Court to fall within the definition of ‘State’ under Article 12 in certain circumstances, making them amenable to fundamental rights claims.
\n<\/section>\n","protected":false},"excerpt":{"rendered":"

No fundamental rights can be claimed against [amp_mcq option1=”a Government company” option2=”a Municipal corporation” option3=”a Court” option4=”a Statutory corporation” correct=”option3″] This question was previously asked in UPSC Combined Section Officer – 2021-22 Download PDFAttempt Online The correct answer is C) a Court. Fundamental rights are primarily enforceable against the ‘State’ as defined in Article 12 … <\/p>\n

Detailed SolutionNo fundamental rights can be claimed against<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1090],"tags":[1484,1186,1099],"class_list":["post-93686","post","type-post","status-publish","format-standard","hentry","category-upsc-combined-section-officer","tag-2021-22","tag-fundamental-rights","tag-indian-polity-and-governance","no-featured-image-padding"],"yoast_head":"\nNo fundamental rights can be claimed against<\/title>\n<meta name=\"description\" content=\"The correct answer is C) a Court. Fundamental rights are primarily enforceable against the 'State' as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of 'State' against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. A court's administrative actions might be challengeable, but its judicial decisions are subject to appeal procedures, not direct challenge under fundamental rights as actions of the 'State'.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/no-fundamental-rights-can-be-claimed-against\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"No fundamental rights can be claimed against\" \/>\n<meta property=\"og:description\" content=\"The correct answer is C) a Court. Fundamental rights are primarily enforceable against the 'State' as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of 'State' against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. 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