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A law can be enacted or executive order issued, even contrary to Article 19, during proclamation of emergency.
- a)caused by financial crisis
- b)caused by internal armed rebellion
- c)caused by constitutional breakdown
- d)caused by war or external aggression
Correct answer is option 'D'. Can you explain this answer?
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A law can be enacted or executive order issued, even contrary to Artic...
Explanation:
Proclamation of Emergency:
During a proclamation of emergency, the central government has the authority to suspend certain fundamental rights guaranteed by the Constitution of India under Article 19. This includes the right to freedom of speech and expression, assembly, association, etc.
Causes of Emergency:
Emergency can be declared for various reasons such as:
a) Financial crisis
b) Internal armed rebellion
c) Constitutional breakdown
d) War or external aggression
Authority to Enact Laws:
During a state of emergency caused by war or external aggression, the government may enact laws or issue executive orders that may be contrary to Article 19. This is done to ensure the security and integrity of the nation during such critical times.
Justification:
In the case of war or external aggression, the primary goal of the government is to protect the country from external threats. In order to effectively respond to such situations, certain restrictions on fundamental rights may be necessary. The government may need to take urgent measures to safeguard national security, even if it means limiting certain freedoms temporarily.
Constitutional Provisions:
The Constitution of India, under Article 352, provides for the proclamation of emergency in case of war or external aggression. During such times, the President has the authority to make laws or issue orders that are necessary for dealing with the emergency situation.
Therefore, during a proclamation of emergency caused by war or external aggression, the government can enact laws or issue executive orders that may be contrary to Article 19 in order to protect the nation's security and integrity.
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A law can be enacted or executive order issued, even contrary to Artic...
Article 358 protects both legislative and executive action taken after the proclamation of emergency. National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), and 1975 (declared by Indira Gandhi to escape conviction). In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. It modifies the federal system of government to a unitary one.
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A law can be enacted or executive order issued, even contrary to Article 19, during proclamation of emergency.a)caused by financial crisisb)caused by internal armed rebellionc)caused by constitutional breakdownd)caused by war or external aggression Correct answer is option 'D'. Can you explain this answer?
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