Examkin

Question

Difficulty: Very hardFundamental Rights, Directive Principles, and Fundamental Duties

Consider the following statements regarding the constitutional provisions governing Fundamental Rights, Directive Principles of State Policy (DPSP), and Fundamental Duties in India:

1. Under Article 33 of the Indian Constitution, Parliament is empowered to restrict or abrogate the Fundamental Rights of non-combatant employees (such as cooks, barbers, and mechanics) and telecommunication personnel serving in connection with the Armed Forces.
2. The writ jurisdiction of the Supreme Court under Article 32 is narrower in scope than that of the High Courts under Article 226, as Article 32 can be invoked exclusively for the enforcement of Fundamental Rights.
3. The 86th Constitutional Amendment Act, 2002 modified the mandate of Article 45 under Part IV to focus on early childhood care and education for children below six years of age, alongside inserting Article 51A(k) into Part IVA.

Which of the statements given above are correct?

  1. 1, 2, and 3Answer
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1 and 3 only

Answer

Statements 1, 2, and 3 are all correct.
All three statements are constitutionally accurate. Under Article 33, Parliament has statutory power to limit Fundamental Rights of both combatant and non-combatant support personnel associated with armed forces and intelligence branches to maintain strict military discipline. Article 32 writ jurisdiction is strictly confined to Part III rights, making its subject-matter scope narrower than Article 226, which covers both Fundamental Rights and statutory/legal rights ('for any other purpose'). Furthermore, the 86th Constitutional Amendment Act, 2002 restructured constitutional provisions across Part III (adding Article 21A), Part IV (changing Article 45 to focus on early childhood care below 6 years), and Part IVA (adding Article 51A(k)).

Step-by-Step Solution

1
Analyze Statement 1 regarding Article 33 scope.
Statement 1 is correct. Article 33 empowers Parliament to enact laws restricting Fundamental Rights not only for combatant armed forces but also for non-combatants (cooks, barbers, carpenters) and telecommunication staff connected with armed forces and intelligence bureaus (affirmed in O.J.S. Viswanathan v. Union of India).
Ensures proper discharge of duties and maintenance of discipline among forces.
2
Analyze Statement 2 regarding writ jurisdiction of Article 32 versus Article 226.
Statement 2 is correct. Article 32 is a Fundamental Right limited strictly to enforcing Part III rights, whereas Article 226 confers broader jurisdiction upon High Courts to issue writs for Fundamental Rights as well as 'for any other purpose' (ordinary legal rights).
Article 32 is narrow in subject matter scope compared to Article 226.
3
Analyze Statement 3 regarding the 86th Constitutional Amendment Act, 2002.
Statement 3 is correct. The 86th Amendment inserted Article 21A (Fundamental Right), substituted the subject matter of Article 45 (DPSP) to early childhood care/education until age six, and added Article 51A(k) (Fundamental Duty for parents/guardians).
All three constitutional changes were enacted simultaneously by the 86th Amendment.

Key Concept

Scope and interplay of Article 33 restrictions, Article 32 vs Article 226 writ jurisdiction, and the 86th Amendment changes across Parts III, IV, and IVA.
Estimated Time:2m 0s
Rate this question

Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

More questions from this topic