Which statement is FALSE regarding fundamental rights mentioned in the Indian Constitution?

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SSC CHSL Exam 2023 Tier-I Official Paper (Held On: 10 Aug, 2023 Shift 4)
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  1. Only Article 20 and 21 can be suspended during emergency
  2. They are justiciable
  3. Some fundamental rights are negative in nature
  4. Can be suspended during emergency

Answer (Detailed Solution Below)

Option 1 : Only Article 20 and 21 can be suspended during emergency
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SSC CHSL Exam 2023 Tier-I Official Paper (Held On: 02 Aug 2023 Shift 1)
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100 Questions 200 Marks 60 Mins

Detailed Solution

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The correct answer is Only Articles 20 and 21 can be suspended during emergency. Key Points

  • Articles 20 and 21 are not the only fundamental rights that can be suspended during an emergency.
  • Other fundamental rights can also be suspended in certain circumstances.
  • Fundamental rights can be restricted by the state if it is necessary for the protection of public order, morality, health, or the rights of others.
  • The Indian Constitution guarantees six fundamental rights to its citizens:
    • right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

Additional Information

  • Fundamental rights are justiciable, which means that individuals can approach the courts if their fundamental rights are violated.
  • Some fundamental rights are negative, which means that they impose a duty on the state to refrain from interfering with certain activities of individuals.
    • For example, the right to freedom of speech and expression is a negative right.
  • Fundamental rights can be suspended during an emergency, but not all of them.
    • Fundamental rights such as the right to freedom of movement, assembly, and speech can also be suspended in certain circumstances.
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