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If a National Emergency is declared on the ground of armed rebellion:
1. Fundamental Rights under Article 19 are automatically suspended.
2. President can suspend the right to move the Court for the enforcement of fundamental rights.
3. The enforcement of the fundamental rights guaranteed by Articles 21 and 22 cannot be suspended.
Which of the statements given above is/are correct?
1. Fundamental Rights under Article 19 are automatically suspended.
2. President can suspend the right to move the Court for the enforcement of fundamental rights.
3. The enforcement of the fundamental rights guaranteed by Articles 21 and 22 cannot be suspended.
Which of the statements given above is/are correct?
- a)1 and 3 only
- b)2 only
- c)2 and 3 only
- d)1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
If a National Emergency is declared on the ground of armed rebellion:1...
1. Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights. Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
2. According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required.
3. The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways.
2. According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required.
3. The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways.
- Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion . Hence statement 1 is not correct.
- Secondly, only those laws which are related with the Emergency are protected from being challenged and not other laws. Also, the executive action taken only under such a law is protected.
4. Article 359 authorises the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency . (Hence statement 2 is correct). This means that under Article 359, the Fundamental Rights as such are not suspended, but only their enforcement. The said rights are theoretically alive but the right to seek remedy is suspended. The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order. Further, the suspension could be for the period during the operation of emergency or for a shorter period as mentioned in the order, and the suspension order may extend to the whole or any part of the country. It should be laid before each House of Parliament for approval.
5. The 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways.
5. The 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways.
- Firstly, the President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21 . In other words, the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during an emergency. Hence statement 3 is not correct,
- Secondly, only those laws which are related with the emergency are protected from being challenged and not other laws and the executive action taken only under such a law, is protected.
Most Upvoted Answer
If a National Emergency is declared on the ground of armed rebellion:1...
Explanation:
During a National Emergency declared on the ground of armed rebellion, certain provisions and rights are suspended or curtailed. The correct statements regarding this are:
1. Fundamental Rights under Article 19 are automatically suspended: During a National Emergency, the President has the power to suspend the fundamental rights guaranteed under Article 19 (right to freedom of speech and expression, right to assemble peacefully and without arms, right to form associations or unions, right to move freely throughout the territory of India, right to reside and settle in any part of the territory of India, and right to practice any profession, or to carry on any occupation, trade or business). However, the right to life and personal liberty (Article 21) and the right to protection against arrest and detention in certain cases (Article 22) cannot be suspended.
2. President can suspend the right to move the Court for the enforcement of fundamental rights: During a National Emergency, the President can suspend the right of any person to move any court for the enforcement of fundamental rights (Article 32). This means that a person cannot approach the Supreme Court or High Court for the enforcement of their fundamental rights during the emergency.
3. The enforcement of the fundamental rights guaranteed by Articles 21 and 22 cannot be suspended: Even during a National Emergency, the right to life and personal liberty (Article 21) and the right to protection against arrest and detention in certain cases (Article 22) cannot be suspended. These rights are considered to be the most important and basic rights, and their suspension is not allowed even during an emergency.
Therefore, the correct answer is option 'B' - only statement 2 is correct.
During a National Emergency declared on the ground of armed rebellion, certain provisions and rights are suspended or curtailed. The correct statements regarding this are:
1. Fundamental Rights under Article 19 are automatically suspended: During a National Emergency, the President has the power to suspend the fundamental rights guaranteed under Article 19 (right to freedom of speech and expression, right to assemble peacefully and without arms, right to form associations or unions, right to move freely throughout the territory of India, right to reside and settle in any part of the territory of India, and right to practice any profession, or to carry on any occupation, trade or business). However, the right to life and personal liberty (Article 21) and the right to protection against arrest and detention in certain cases (Article 22) cannot be suspended.
2. President can suspend the right to move the Court for the enforcement of fundamental rights: During a National Emergency, the President can suspend the right of any person to move any court for the enforcement of fundamental rights (Article 32). This means that a person cannot approach the Supreme Court or High Court for the enforcement of their fundamental rights during the emergency.
3. The enforcement of the fundamental rights guaranteed by Articles 21 and 22 cannot be suspended: Even during a National Emergency, the right to life and personal liberty (Article 21) and the right to protection against arrest and detention in certain cases (Article 22) cannot be suspended. These rights are considered to be the most important and basic rights, and their suspension is not allowed even during an emergency.
Therefore, the correct answer is option 'B' - only statement 2 is correct.
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If a National Emergency is declared on the ground of armed rebellion:1. Fundamental Rights under Article 19 are automatically suspended.2. President can suspend the right to move the Court for the enforcement of fundamental rights.3. The enforcement of the fundamental rights guaranteed by Articles 21 and 22 cannot be suspended.Which of the statements given above is/are correct?a)1 and 3 onlyb)2 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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