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

Which of the following statements regarding the constitutional operation, judicial enforcement, and statutory provisions of Fundamental Rights, Directive Principles, and Fundamental Duties are correct?

  1. Parliament is empowered under Article 33 to restrict or abrogate the Fundamental Rights of members of the armed forces and intelligence organizations, and such parliamentary laws cannot be challenged on the ground of violating any Fundamental Right.Answer
  2. B
    Laws enacted by State Legislatures to give effect to Directive Principles specified in Article 39(b) and Article 39(c) automatically override Articles 14 and 19, regardless of whether the law has received Presidential assent.
  3. Although the Fundamental Duties enshrined in Part IV-A are non-justiciable in themselves, Parliament possesses constitutional competence to enforce them through statutory legislation carrying penal sanctions.Answer
  4. D
    A writ of Mandamus can be issued against a purely private entity discharging non-statutory commercial functions if a violation of any Fundamental Right under Part III is alleged.

Answer

The correct statements are the provision conferring power on Parliament under Article 33 to modify Fundamental Rights for armed forces and intelligence personnel, and the constitutional principle that Parliament can enact statutory laws with penal provisions to enforce non-justiciable Fundamental Duties.
Parliament holds exclusive constitutional authority under Article 33 to curtail Fundamental Rights for armed forces, paramilitary forces, and intelligence personnel to preserve discipline. Furthermore, while Fundamental Duties under Part IV-A are non-justiciable on their own, Parliament possesses legislative power to create statutory offences enforcing these duties.

Step-by-Step Solution

1
Analyze the scope of Parliamentary power under Article 33 regarding Armed Forces.
Article 33 gives exclusive power to Parliament to restrict Part III rights for armed forces and security agencies to maintain discipline, making such laws immune from Part III challenges.
Verify constitutional text and judicial interpretation of Article 33.
2
Evaluate the requirement of Presidential assent for State laws claiming immunity under Article 31C.
State laws giving effect to Article 39(b) and (c) do not automatically gain immunity under Article 31C; the proviso mandates reservation for and receipt of Presidential assent.
Check the exact procedural condition in the proviso to Article 31C.
3
Examine the legal status and parliamentary enforceability of Part IV-A Fundamental Duties.
Fundamental Duties are non-justiciable by themselves, but Parliament has the legislative authority to pass statutory laws enforcing specific duties.
Differentiate between direct constitutional enforceability and legislative enforcement of duties.
4
Assess the maintainability of a writ of Mandamus against private entities.
Mandamus requires the performance of a public duty or statutory obligation; it cannot be issued for purely private commercial obligations.
Apply public duty prerequisites established for writ jurisdiction under Article 32 and Article 226.

Key Concept

Constitutional provisions under Part III (Article 33), Part IV/IV-A relationship (Article 31C proviso), enforceability mechanisms of Fundamental Duties, and limits of writ jurisdiction.
Estimated Time:2m 0s
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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