| Which statement/s is/are not correct regarding the Fundamental Rights? |
| I. Some of these rights are not available to the Armed Forces |
| II. They are automatically suspended when an emergency is proclaimed by the President |
| III. The President alone can decide upon modifying their application to the Armed Forces |
| IV. They cannot be amended as they form the basic feature of the Constitution. |
A) I and II
B) II, III and IV
C) I and IV
D) I, II, III and IV
Correct Answer: B
Solution :
[b] Article 35 provides that the freedoms guaranteed under the article 19 automatically get suspended on the proclamation of National Emergency. For this Article 359 empowers the president to suspend the fundamental rights given by other articles also. However, Article 20 (protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended by any order under article 359. Article 33 & 34 maintain that parliament has the power to modify the application of the fundamental rights to the members of armed forces and Police forces. This is required to make the proper discharge of their duty. This article means that in cases of a disaster or other situations such as Martial law. Curfew etc. the parliament by law may indemnify the persons of these forces for their acts.
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