Consider the following statements regarding Fundamental Rights:
1. Fundamental Rights limit the power of the State, hence they are available only against the State.
2. Article 13 empowers the Supreme Court and High Courts to declare any law unconstitutional or invalid on the grounds of violation of any of the Fundamental Rights.

Which of the statements given above is/are correct?

Question

Consider the following statements regarding Fundamental Rights:
1. Fundamental Rights limit the power of the State, hence they are available only against the State.
2. Article 13 empowers the Supreme Court and High Courts to declare any law unconstitutional or invalid on the grounds of violation of any of the Fundamental Rights.

Which of the statements given above is/are correct?

Accepted Answer

Most of the Fundamental Rights are available against the arbitrary action of the State. However, some of them are also available against the action of private individuals, like the abolition of untouchability under Article 17. Hence, statement 1 is incorrect.
Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. This power of judicial review is expressively conferred on the Supreme Court (Article 32) and the High Courts (Article 226) to declare any such law unconstitutional. Hence, statement 2 is correct.

Answer

Answer