A topper · CSE 2023 · GS2 · 54 pages

Rahul Srivastava: GS2 answer copy

20 answers by Rahul Srivastava, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 174 words written

Fundamental rights chapter of the constitution is the "north star" of the universe of constitutionalism. Examine.

Opening · a restatement

Fundamental Rights is enshrined in Part-III of our Constitution, and acts as the guiding light, as similar to the North Star of the universe.

North-Star: Guiding Light

Body · points

  1. establishes political democracy: Right to equality

  2. upholds constitution principles of equality, justice, liberty

  3. prevents arbitrary executive action Art-13 → null & void

  4. prevents arbitrary legislative action checks on legislation

  5. establishes rule of law: Art 21/14.

  6. prevents excesses in form of remedy through writs ex Art-32/226

However, some limitations of Fundamental Right

  1. excessive restrictions limitations ex: Art 19

  2. creates privileges and classification where ex: Art-16 (affirmative action), Art-18 (titles)

  3. prevents state excesses, not private or individual excesses ex writ of Mandamus

  4. prevents meritocracy through certain affirmative actions

  5. not establishment of social justice (that part is covered by DPSP-directive principle)

  6. method to judicial enforcement is delayed.

Close · a summary

Thus, while Fundamental Rights have been described as "conscience to constitution", Jaspal Roy Kapoor described them as "Rights and limitations thereon" thus, they provide a good balance between rights & privileges