Fundamental Rights are mentioned in which part of the Constitution of India?

This question was previously asked in
SSC CGL 2022 Tier-I Official Paper (Held On : 08 Dec 2022 Shift 3)
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  1. Part IV
  2. Part III
  3. Part VI
  4. Part IX

Answer (Detailed Solution Below)

Option 2 : Part III
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Detailed Solution

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The correct answer is Part III.

Key Points

  • Fundamental Rights
    • The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35). Part III of the Constitution is described as the Magna Carta of India.
    • ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
    • The Fundamental Rights are justiciable because when violated the aggrieved individual can move the courts for their enforcement.
    • The Supreme Court or High Courts have the power to issue directions, orders or writs to enforce any of the Fundamental Rights.

Additional Information 

  • The Constitution of India provides for six Fundamental Rights
    • Right to equality (Articles 14–18)
    • Right to freedom (Articles 19–22)
    • Right against exploitation (Articles 23–24)
    • Right to freedom of religion (Articles 25–28)
    • Cultural and educational rights (Articles 29–30)
    • Right to constitutional remedies (Article 32)
  • Originally the Constitution also included the property right (Article 31).
    • However, it was deleted from the list of Fundamental Rights by the 44th Amendment Act, of 1978.
    • It is made a legal right under Article 300-A in Part XII of the Constitution.
  • Part IV
    • Part IV (Article 36-51) of the Indian Constitution is related to the Directive Principles of our State Policy.
    • It is not enforceable by any court but these are fundamental in the governance of the country.
    • The government must apply these principles in law-making.
    • These principles have been taken from the Constitution of Ireland.
  • Part VI
    • ​The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
  • Part IX 
    • Part IX of the Indian Constitution contains provisions for the Panchayats.
    • Part IX tells about a three-tier Panchayati Raj System which would be constituted in every state at the village level, intermediate level, and district level.
    • 73rd  Constitutional Amendment Act added Part IX to the constitution with the title “The Panchayats” covering provisions from Articles 243 to 243(O).
    • Part VIII contains provisions for Union Territories.
    • The fifth Schedule contains provisions for the Administration and Control of Scheduled Areas and Scheduled Tribes.
    • Article 244 contains provisions for the administration of Scheduled Areas and Tribal Areas.
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