As far as Armed Forces are concerned, the fundamental rights granted under Articles 14 and 19 are:

  1. Available only at the discretion of the Chief of Army Staff
  2. Available only according to law made by the Parliament
  3. Not available at all
Choose the correct answer using the codes given below:
a) 1 only
b) 2 onlyc) 3 only
d) None of the above





Ans- [B]
Explanation: Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of the armed forces, para military forces, police forces, intelligence agencies and analogous forces. Article 33 text says following:
Article 33: Power of Parliament to modify the rights conferred by this Part in their application etc.
Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
This means that Power to make laws under article 33 is conferred only on Parliament and not on any body else. Any such laws made by Parliament can not be challenged in any court on the grounds of contravention of fundamental rights. Parliament has enacted Army act of 1950, Navy act of 1950, the Air Force act of 1950, Police forces (Restriction of Rights) act, 1950 and so on.  They imposes restrictions on their freedom of speech, right to form associations, right to be members of the trade unions or political association, right to communicate with the press, right to attend public meetings etc.
Thus, statement 1 and 3 are wrong.

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