| Consider the following statements regarding the exceptions to Fundamental Rights. |
| 1. Laws placed in 9th Schedule of the Constitution are saved from violation of any Fundamental Right. |
| 2. Fundamental Rights of members of armed forces can be restricted by Parliament by law. |
| 3. Laws to give effect to directive principles under Article 39 B and C cannot be declared unconstitutional for violation of any Fundamental Right. |
| Which of the statement(s) given above is/are correct? |
A) 1 and 2
B) 1 and 3
C) Only 2
D) Only 3
Correct Answer: A
Solution :
[a] Statement 1 is correct. According to Article 31 B, laws placed in the 9th Schedule cannot be declared as unconstitutional for violation of any of the Fundamental Rights. However, according to Supreme Court judgement in 2007, laws placed in the 9th Schedule after 24th April, 1973 can be challenged for violation of Fundamental Rights under Articles 14, 15, 19 and 21: Statement 2 is correct as such a provision has been provided for in Article 33 of the Constitution and Parliament has enacted several laws, under this article to abridge some of the Fundamental Rights of members of armed forces. The relevant provision in Statement 3 is incorrect.
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