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Consider the following statements regarding the applicability of fundamental rights to
armed forces:
Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces.
The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements regarding the applicability of fund...
- Article 33 empowers the Parliament to restrict or 'abrogate' the fundamental rights of the members of armed forces, paramilitary forces, police forces, intelligence agencies, and analogous forces. Hence statement 1 is not correct.
- The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them.
- The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures.
- Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.
- Accordingly, the Parliament has enacted the Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, the Border Security Force Act, etc.
- These impose restrictions on their freedom of speech, right to form associations, right to be members of trade unions or political associations, right to communicate with the press, right to attend public meetings or demonstrations, etc.
- The expression members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors who are non-combatants. Hence, statement 2 is correct.
- A parliamentary law enacted under Article 33 can also exclude the court-martial (tribunals established under the military law) from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned
Community Answer
Consider the following statements regarding the applicability of fund...
The correct answer is option 'B' - 2 only.
Explanation:
1. Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces:
- The Indian Constitution guarantees fundamental rights to all citizens, including members of the armed forces. However, these rights are not absolute and can be restricted in certain situations.
- The Parliament has the power to impose reasonable restrictions on the fundamental rights of the members of the armed forces in the interest of discipline, morale, and national security. These restrictions are necessary to maintain the efficiency and effectiveness of the armed forces.
- Therefore, while the Parliament can restrict the fundamental rights of the members of the armed forces, it cannot completely abrogate these rights. The restrictions imposed must be reasonable and not arbitrary.
2. The expression 'members of the armed forces' not just includes soldiers but even civilian employees such as mechanics, cooks, etc.:
- The term 'members of the armed forces' encompasses not only the soldiers but also civilian employees who are working in various capacities within the armed forces.
- This includes individuals who are employed as mechanics, cooks, administrative staff, and other civilian roles within the armed forces.
- These civilian employees, although not directly involved in combat, contribute to the functioning and support of the armed forces. Therefore, they are also considered as part of the armed forces for the purpose of applicability of fundamental rights.
In conclusion, both statements are correct. The Parliament has the power to restrict but not abrogate the fundamental rights of the members of the armed forces. Additionally, the term 'members of the armed forces' includes not only soldiers but also civilian employees such as mechanics, cooks, etc.
Explanation:
1. Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces:
- The Indian Constitution guarantees fundamental rights to all citizens, including members of the armed forces. However, these rights are not absolute and can be restricted in certain situations.
- The Parliament has the power to impose reasonable restrictions on the fundamental rights of the members of the armed forces in the interest of discipline, morale, and national security. These restrictions are necessary to maintain the efficiency and effectiveness of the armed forces.
- Therefore, while the Parliament can restrict the fundamental rights of the members of the armed forces, it cannot completely abrogate these rights. The restrictions imposed must be reasonable and not arbitrary.
2. The expression 'members of the armed forces' not just includes soldiers but even civilian employees such as mechanics, cooks, etc.:
- The term 'members of the armed forces' encompasses not only the soldiers but also civilian employees who are working in various capacities within the armed forces.
- This includes individuals who are employed as mechanics, cooks, administrative staff, and other civilian roles within the armed forces.
- These civilian employees, although not directly involved in combat, contribute to the functioning and support of the armed forces. Therefore, they are also considered as part of the armed forces for the purpose of applicability of fundamental rights.
In conclusion, both statements are correct. The Parliament has the power to restrict but not abrogate the fundamental rights of the members of the armed forces. Additionally, the term 'members of the armed forces' includes not only soldiers but also civilian employees such as mechanics, cooks, etc.
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Consider the following statements regarding the applicability of fundamental rights toarmed forces: Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces. The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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Consider the following statements regarding the applicability of fundamental rights toarmed forces: Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces. The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding the applicability of fundamental rights toarmed forces: Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces. The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the applicability of fundamental rights toarmed forces: Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces. The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
Consider the following statements regarding the applicability of fundamental rights toarmed forces: Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces. The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding the applicability of fundamental rights toarmed forces: Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces. The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the applicability of fundamental rights toarmed forces: Parliament can restrict but cannot abrogate the fundamental rights of the members of armed forces. The expression 'members of the armed forces’ not just includes soldiers but even civilian employees such as mechanics, cooks, etc. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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