| Which statements/s is/are not correct regarding the Fundamental Rights? |
| I. Some of these rights are not available to the Armed Force |
| II. They are automatically suspended when any emergency is proclaimed by the President. |
| III. The President alone can decide upon modifying their application to the Armed Forces |
| IV. They cannot be amended as they form a basic feature of the Constitution |
A) I and II
B) II, III and IV
C) I and IV
D) I, II, III and IV
Correct Answer: B
Solution :
Article 33 & 34 maintain that parliament has the power to modify the application of the fundamental rights to the members of armed forces and Police forces. This is required to make the proper discharge of their duty. This article means that in cases of a disaster or other situations such as Martial law. Curfew etc. the parliament by law may indemnify the persons of these forces for their acts. During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. In Kesavananda Bharati vs. the State of Kerala, the Court reversed the Golak Nath case judgment by upholding the validity of the Twenty-fourth Amendment and thereby restored the supremacy of Parliament in regard to legislation on Fundamental Rights, a position that existed prior to 1967 But the Court also ruled that Parliament cannot alter the basic structure or framework of the Constitution.
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