Question

The following questions consist of two statements, one labeled as ‘Assertion’ (A) and other as ‘Reason’ (R). You are to examine these two statements carefully and select the correct answers.

Assertion (A): The state shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Reason (R): The fundamental rights are the rights reserved by the people and for this reason, they are eternal and sacrosanct.

Options

• Both A and R are individually true and R is the correct explanation of A.

• Both A and R are individually true but R is not the correct explanation of A

• A is true but R is false

• A is false but R is true

Answer 1

Both A and R are individually true and R is the correct explanation of A.

Explanation:

Laws inconsistent with or in derogation of the  fundamental rights  
(1) All laws in force in the territory of India immediately  before the commencement of this Constitution, in so  far as they are inconsistent with the provisions of  this Part, shall, to the extent of such inconsistency,  be void  
(2) The State shall not make any law which takes away or  abridges the rights conferred by this Part and any law  made in contravention of this clause shall, to the extent  of the contravention, be void  (3) In this article, unless the context otherwise requires  law includes any Ordinance, order, bye-law, rule,  regulation, notification, custom or usages having in  the territory of India the force of law; laws in force  includes laws passed or made by Legislature or other  competent authority in the territory of India before  the commencement of this Constitution and not  previously repealed, notwithstanding that any such  law or any part thereof may not be then in operation  either at all or in particular areas   
(4) Nothing in this article shall apply to any amendment  of this Constitution made under Article 368 Right of  Equality