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With reference to impact on rights of Citizens during National Emergency, consider the following statements:
Right to constitutional remedies is immune from suspension under any kind of national emergency.
Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only.
Which of the statements given above is/ are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
With reference to impact on rights of Citizens during National Emerge...
- Statement 1 is incorrect: Article 359 of Constitution provides for suspension of enforcement of fundamental rights. Suspension of enforcement of fundamental rights implies right to constitutional remedies are not immune from suspension under any kind of national emergency. Right to constitutional remedies gets suspended only through Presidential orders. Presidential order mentions which all right’s enforcement are suspended. The article applies in all cases of national emergency i.e. war, external aggression or armed rebellion. Also,
- Statement 2 is correct: Article 358 of Constitution provides for automatic suspension of freedom of speech and expression (Article 19). 44th Amendment limits the suspension of freedom of speech and expression only when National Emergency is imposed on the grounds of war and external aggression (external emergency) and not in case of internal emergency (armed rebellion).
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With reference to impact on rights of Citizens during National Emerge...
Statement 1: Right to constitutional remedies is immune from suspension under any kind of national emergency.
The statement is correct. The right to constitutional remedies is a fundamental right guaranteed under Article 32 of the Indian Constitution. It is considered as the heart and soul of the Constitution as it provides individuals with the means to enforce their fundamental rights. This right allows citizens to move to the Supreme Court or High Courts for the enforcement of their fundamental rights. The right to constitutional remedies cannot be suspended even during a national emergency. This means that individuals can still approach the courts to seek relief and protection of their rights, even if a national emergency is in place.
Statement 2: Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only.
The statement is incorrect. The right to freedom of speech and expression is a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution. During a national emergency, certain fundamental rights can be suspended or restricted. However, the right to freedom of speech and expression can only be suspended or restricted during a national emergency if it is imposed on the grounds of "war or external aggression" as mentioned in Article 19(2) of the Constitution. In addition to war or external aggression, the right to freedom of speech and expression can also be restricted during a national emergency imposed on the grounds of "internal disturbance" as mentioned in Article 352 of the Constitution. Therefore, the suspension of the right to freedom of speech and expression during a national emergency depends on the specific grounds on which the emergency has been imposed.
In conclusion, statement 1 is correct as the right to constitutional remedies is immune from suspension under any kind of national emergency. However, statement 2 is incorrect as the right to freedom of speech and expression can be suspended or restricted during a national emergency imposed on the grounds of war, external aggression, or internal disturbance.
The statement is correct. The right to constitutional remedies is a fundamental right guaranteed under Article 32 of the Indian Constitution. It is considered as the heart and soul of the Constitution as it provides individuals with the means to enforce their fundamental rights. This right allows citizens to move to the Supreme Court or High Courts for the enforcement of their fundamental rights. The right to constitutional remedies cannot be suspended even during a national emergency. This means that individuals can still approach the courts to seek relief and protection of their rights, even if a national emergency is in place.
Statement 2: Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only.
The statement is incorrect. The right to freedom of speech and expression is a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution. During a national emergency, certain fundamental rights can be suspended or restricted. However, the right to freedom of speech and expression can only be suspended or restricted during a national emergency if it is imposed on the grounds of "war or external aggression" as mentioned in Article 19(2) of the Constitution. In addition to war or external aggression, the right to freedom of speech and expression can also be restricted during a national emergency imposed on the grounds of "internal disturbance" as mentioned in Article 352 of the Constitution. Therefore, the suspension of the right to freedom of speech and expression during a national emergency depends on the specific grounds on which the emergency has been imposed.
In conclusion, statement 1 is correct as the right to constitutional remedies is immune from suspension under any kind of national emergency. However, statement 2 is incorrect as the right to freedom of speech and expression can be suspended or restricted during a national emergency imposed on the grounds of war, external aggression, or internal disturbance.
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With reference to impact on rights of Citizens during National Emergency, consider the following statements: Right to constitutional remedies is immune from suspension under any kind of national emergency. Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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With reference to impact on rights of Citizens during National Emergency, consider the following statements: Right to constitutional remedies is immune from suspension under any kind of national emergency. Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to impact on rights of Citizens during National Emergency, consider the following statements: Right to constitutional remedies is immune from suspension under any kind of national emergency. Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to impact on rights of Citizens during National Emergency, consider the following statements: Right to constitutional remedies is immune from suspension under any kind of national emergency. Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
With reference to impact on rights of Citizens during National Emergency, consider the following statements: Right to constitutional remedies is immune from suspension under any kind of national emergency. Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to impact on rights of Citizens during National Emergency, consider the following statements: Right to constitutional remedies is immune from suspension under any kind of national emergency. Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to impact on rights of Citizens during National Emergency, consider the following statements: Right to constitutional remedies is immune from suspension under any kind of national emergency. Right to freedom of speech and expression get automatically suspended when a national emergency is imposed on grounds of war and external aggression only. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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