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Q89 (CDS-II/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Which one of the following is not a correct statement with reference to the Constitution of India ?

Result
Your answer: —  ·  Correct: A
Explanation

Statement 1 is incorrect because the 'Right to Education' was inserted into the Constitution as Article 21A by the Eighty-Sixth (86th) Amendment Act, 2002, not the Eighty-Fifth Amendment. The 85th Amendment (2001) dealt with consequential seniority for SC/ST government servants. Statement 2 is correct as Article 22 provides protection against arrest and specifically regulates preventive detention laws. Statement 3 is correct because the Right to Constitutional Remedies (Article 32) is located within Part III of the Constitution [3]. Statement 4 is correct because the High Court's writ jurisdiction under Article 226 is wider than the Supreme Court's under Article 32; while the Supreme Court can only issue writs for Fundamental Rights, High Courts can issue them for Fundamental Rights and 'any other purpose' [2].

Sources

  1. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 152
  2. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > CONSTITUTIONAL PROVISIONS FOR JUDICIAL REVIEW > p. 298
  3. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 99
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SIMILAR QUESTIONS

CDS-I · 2025 · Q90 Relevance score: 5.10

Which of the following statements is/are correct as per the Constitution of India ? 1. The Constitution (Eighty-sixth Amendment) Act has added the Right to Education to the chapter of Directive Principles of State Policy. 2. Right to Work and Right to Education are both, Fundamental Rights and Directive Principles of State Policy. Select the answer using the code given below :

CDS-II · 2016 · Q114 Relevance score: 4.21

Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?

CDS-II · 2022 · Q23 Relevance score: 4.19

Which one of the following statements is correct?

IAS · 2019 · Q81 Relevance score: 3.13

With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?

CDS-I · 2015 · Q54 Relevance score: 3.01

Which of the following statement(s) is/are not correct for the Ninth Schedule of the Constitution of India?

  1. It was inserted by the First Amendment in 1951.
  2. It includes those laws which are beyond the purview of judicial review.
  3. It was inserted by the 42nd Amendment.
  4. The laws in the Ninth Schedule are primarily those which pertain to the matters of national security.

Select the correct answer using the code given below: