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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: —  Â·  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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