Political Science · Political Institutions in India
UGC NET December 2015 Political Science
Which one of the following Acts has not been passed under Article 34 of the Indian Constitution?
AThe Border Security Force Act
BThe Police Forces (Restriction of Rights) Act
CArmed Forces Special Power Act ✓ Correct
DThe Army Act
Correct answer: (C) Armed Forces Special Power Act — Among the listed Acts, the Armed Forces Special Powers Act is the one not enacted to restrict the fundamental rights of the forces, so it is the correct answer.
Explanation
★Among the listed Acts, the Armed Forces Special Powers Act is the one not enacted to restrict the fundamental rights of the forces, so it is the correct answer.
★Article 33 empowers Parliament to restrict or abrogate the fundamental rights of members of the armed forces, paramilitary forces, police, intelligence agencies and analogous services to ensure discipline and proper discharge of duties.
★The Border Security Force Act, the Police Forces (Restriction of Rights) Act and the Army Act are laws made to give effect to Article 33 by curtailing certain rights of these personnel.
★Only Parliament, and not State legislatures, can make laws under Article 33, and such laws can also limit the writ remedy in service matters.
★The Armed Forces (Special Powers) Act, 1958 instead grants special powers to the armed forces in regions declared disturbed areas, and is tied to public order rather than to service discipline.
★Article 34 provides for restriction of rights while martial law is in force and lets Parliament indemnify government servants for acts done to maintain order.
★The rights of armed forces personnel are thus curtailed through Article 33, while their conduct during martial law connects to Article 34.
★For NET, pair Article 33 (restriction of rights of the forces, by parliamentary law only) with Article 34 (martial law and indemnity), and remember that AFSPA operates in disturbed areas under separate legislation.
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