Which one of the following is not a correct statement with reference to the Constitution of India ?
- A.The Constitution (Eighty-Fifth) Amendment Act has inserted the 'Right to Education' under Article 21A.
- B.Article 22 talks about preventive detention.
- C.Right to Constitutional Remedies is in Part-III of the Constitution.
- D.Writ jurisdiction of High Courts is wider than the Supreme Court of India.
Correct answer
Explanation
The correct answer is A. Article 21A, the right to education, was inserted by the Constitution (Eighty-sixth) Amendment Act, 2002, not by the Eighty-fifth. Article 21A makes free and compulsory education for children aged 6 to 14 a fundamental right, and the Right of Children to Free and Compulsory Education Act, 2009 gives effect to it from 1 April 2010. The same 86th Amendment changed Article 45 and added the duty in Article 51A(k) on parents to provide education to their children. The 85th Amendment of 2001 dealt with consequential seniority for SC and ST employees in promotions. Option B is a correct statement because Article 22 gives protection against arrest and detention and also lays down the safeguards for preventive detention. Option C is a correct statement because Article 32, the right to constitutional remedies, lies in Part III with the other fundamental rights. Option D is a correct statement because under Article 226 a High Court can issue writs for fundamental rights and for any other purpose, while the Supreme Court under Article 32 acts only for fundamental rights. Exam tip: 86th Amendment, 2002: Article 21A, new Article 45 and duty 51A(k).
Practice Questions
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- B.External aggression
- C.Internal disturbance
- D.Armed rebellion
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- B.26th November, 1949
- C.15th August, 1947
- D.14th August, 1947
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- D.The concerned Political Party
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- A.1 and 2 only
- B.2 and 3 only
- C.1, 2 and 3
- D.1 only
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