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Q92 (CDS-I/2013) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Which one among the following statements is not correct ?

Result
Your answer: —  Â·  Correct: C
Explanation

Statement 3 is incorrect because Article 35 of the Indian Constitution explicitly confers the power to make laws to give effect to Fundamental Rights and prescribe punishments for offences (such as untouchability or forced labor) exclusively on the Parliament, not on State legislatures. This ensures uniformity across India. Regarding other options: Article 32(4) states that the right to constitutional remedies shall not be suspended except as provided by the Constitution, specifically under Article 359(1) during an emergency [1]. Following the 44th Amendment, Article 359 was modified to ensure that the enforcement of Articles 20 and 21 cannot be suspended even during an emergency [2]. Additionally, Article 33 empowers the Parliament to restrict or abrogate the Fundamental Rights of members of the armed forces and forces charged with the maintenance of public order to ensure discipline and proper discharge of duties [3].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 414
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Effects of National Emergency > p. 176
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > ARMED FORCES AND FUNDAMENTAL RIGHTS > p. 100
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