Multiple Choice Questions on Which of the following statements states the limitations upon the enforcement of the Fundamental Rig........... for HCS Exam Preparation

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    Which of the following statements states the limitations upon the enforcement of the Fundamental Rights?

    1. State legislatures shall have the power to modify the application of the fundamental rights to the members of Police Forces so as to ensure the proper discharge of their duties.

    2. The Parliament may enact a law stating that certain jobs can only be filled by applicants who are domiciled in the area.

    Select the correct answer using the codes given below: 

    1 Only 

    Incorrect Answer

    2 Only

    Correct Answer

    Both 1 and 2

    Incorrect Answer

    Neither 1 nor 2 

    Incorrect Answer
    Explanation:

    Armed Forces and Fundamental Rights: ? Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces. ? The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them. ? The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures. Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights. (Hence statement 1 is incorrect) ? A parliamentary law enacted under Article 33 can also exclude the court martials (tribunals established under the military law) from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned. Affecting Certain Fundamental Rights: ? Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures. This provision ensures that there is uniformity throughout India with regard to the nature of those fundamental rights and punishment for their infringement. ? The Parliament shall have (and the legislature of a state shall not have) power to make laws with respect to the following matters: ? Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority (Article 16). (Hence statement 2 is correct) ? Empowering courts other than the Supreme Court and the high court’s to issue directions, orders and writs of all kinds for the enforcement of fundamental rights (Article 32). ? Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc. (Article 33). ? Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34).


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