Q. With reference to the Fundamental Rights mentioned in Part III of the Constitution of India, consider the following statements:
1. Both Parliament and state legislatures can restrict the Fundamental Rights of members of state police forces.
2. Any law restricting Fundamental Rights of armed forces cannot be challenged in any court on the ground of contravention of the Fundamental Rights.
Which of the above statements is/are correct?
Exp) Option b is the correct answer.
The Fundamental Rights are enshrined in Part III of the Indian Constitution from Articles 12 to 35. The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.
Statement 1 is incorrect. Article 33 of the Constitution provides that Parliament (and not a state legislature) is empowered to restrict or abrogate the Fundamental Rights of the members of armed forces, members of forces charged with maintenance of public order, intelligence & counterintelligence agencies, paramilitary forces, state police forces. For example, Police: non-gazetted personnel from the post of constable to Inspector are not allowed to form any kind of union or association under the Police Forces (Restriction of Rights) Act, 1966. The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures.
Statement 2 is correct. Any law made to restrict the fundamental rights of members of armed forces cannot be challenged in any court on the ground of contravention of any of the Fundamental Rights.
