Question

The 'doctrine of unconstitutional conditions' states that

• A. public benefits cannot be made subservient to fundamental rights
• B. fundamental rights can be withdrawn before dispensing government schemes
• C. fundamental rights are not as important as welfare schemes
• D. welfare schemes have to be implemented even at the cost of fundamental rights
• E.

Hint:

When studying constitutional principles, focus on terms like "infringement" or "subservient" as they signal potential conflicts between rights and public benefits.

Answer 1

The Correct Option is A

The doctrine of unconstitutional conditions asserts that no matter the public benefit or government scheme, it cannot override the fundamental rights guaranteed by the Constitution. This doctrine ensures that the government cannot force individuals to give up their constitutional rights in exchange for welfare or benefits. Hence, the correct answer is (A). - Why option (A) fits: It directly aligns with the protection of fundamental rights against state interference, particularly in the context of public welfare schemes. - Eliminations: - (B) implies rights can be withdrawn, which contradicts the doctrine's assertion of non-infringement on rights. - (C) downplays fundamental rights, which is not in line with the doctrine's protection of those rights. - (D) suggests overriding fundamental rights for welfare, which contradicts the doctrine. Thus, the correct answer is (A). 

Answer 2

Stating the doctrine's core principle first, that a benefit cannot be used as leverage to make a person give up a constitutional right, and then checking each option against that principle gives a clean answer.

1. Option A: This says a public benefit cannot override fundamental rights, which is precisely the principle the doctrine protects.
2. Option B: This suggests rights can be taken away before benefits are given, which is the reverse of what the doctrine guards against.
3. Option C: This downgrades fundamental rights below welfare schemes, contradicting the doctrine's purpose of shielding rights from being bargained away.
4. Option D: This states welfare schemes should be implemented even if fundamental rights are sacrificed, which is the exact opposite of what the doctrine holds.
5. Option E: No text is provided for this option.

Only the statement that public benefits cannot be made subservient to fundamental rights reflects what the doctrine of unconstitutional conditions actually protects.

Hence, the correct answer is (A) public benefits cannot be made subservient to fundamental rights.