Consider the following statements with regard to the Fundamental Rights :
- 1. The Parliament has power to modify the rights conferred by Part III of the Constitution of India with regard to persons employed in telecommunication systems of certain categories.
- 2. During the course of enforcement of martial law in any area, restrictions can be imposed on the exercise of the Fundamental Rights.
- 3. The Fundamental Rights cannot be overridden for implementing any of the Directive Principles of State Policy.
Which of the above statements is/are not correct?
1 only
2 only
3 only
1, 2 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC Combined Section Officer – 2019-20
Statement 2: Article 34 empowers Parliament to restrict Fundamental Rights while martial law is in force in any area. This statement is correct.
Statement 3: This statement is incorrect. While Fundamental Rights generally hold a higher position than Directive Principles, Article 31C provides an exception. It states that laws made to give effect to the Directive Principles in Article 39(b) and 39(c) cannot be challenged on the grounds of contravening Articles 14 or 19. Originally, the 42nd Amendment extended this protection to laws implementing any DPSP, but the Supreme Court in the Minerva Mills case struck down this extension, upholding Article 31C only for Articles 39(b) and 39(c). Therefore, Fundamental Rights under Articles 14 and 19 *can* be overridden by laws implementing Articles 39(b) and 39(c).