The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose ‘reasonable restrictions’ on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled Tribes.
Which of the following statements is incorrect?
Correct Answer :
the constitutional validity of a law imposing reasonable restrictions on fundamental rights can be challenged by a citizen before the legislature.
Solution :
The correct option/answer is: the constitutional validity of a law imposing reasonable restrictions on fundamental rights can be challenged by a citizen before the legislature.
Step-by-step Explanation:
1. Analyze the Passage:
The provided text explicitly states that fundamental rights guaranteed by the Constitution of India are not absolute and can be subjected to reasonable restrictions imposed by law. Furthermore, the passage specifies that while determining the constitutional validity of a restriction, the Court evaluates whether the restriction is in excess of requirements or if the legislature has overstepped constitutional boundaries.
2. Evaluate the Incorrect Statement:
Constitutional validity of any law or restriction is challenged before the Judiciary (the Courts) through judicial review, not before the Legislature. The Legislature is responsible for making laws, whereas the Courts determine their constitutional validity.
3. Conclusion:
Therefore, the statement claiming that the constitutional validity of a law can be challenged by a citizen "before the legislature" is legally inaccurate and contradicts the basic principles of constitutional law and the provided text. Hence, it is the incorrect statement being asked for in the question.
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