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Which statement/s is/are correct about Fundamental Rights?
1.They are automatically suspended when any emergency is proclaimed by the President.
2.The president alone can decide upon modifying their application to the Armed Forces
3.They cannot be amended as they form the basic feature of the Constitution.
4. Some of these rights are not available to the Armed Forces.
All are correct
1 and 4 only
1 and 3 only
4 only
1. When a proclamation of national emergency is made, only the six Fundamental Rights under article 19 are automatically suspended. 2. The Parliament alone can decide upon modifying their application to the Armed Forces. 3. They can be amended but the basic structure of the Constitution must not be altered.
4. Article 33 & 34 empower the Parliament to restrict, modify or abrogate the fundamental rights to the members of armed forces, para-military forces, police forces, members of intelligence agencies or similar services. This is required to make the proper discharge of their duties which are sensitive and urgent in nature. This power is available only with parliament and not state legislatures. Further, such an act cannot be challenged in a court on ground of its being of violative of fundamental rights. Further, court martial (tribunals under the military law) have been exempted from the writ jurisdiction of the Supreme Court and the high courts under article 33. Using these powers, the parliament enacted various laws such as Army Act (1950), Navy Act (1950), Air Force Act. To ensure discipline and efficient discharge of duties by armed forces personnel, Article 33 curtails the following 4 fundamental rights - • Freedom of speech. • Right to form associations. • Right to be a member of trade unions or political organizations. • Right to communicate with the press, and attend public meetings or demonstrations.
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