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Consider the following statements.
1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19
2. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order
Which of these statements is/are not correct?
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)None of them
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Consider the following statements.1. Article 358 enables the State to ...
Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19 while Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.Explanation:
Article 358:
- Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19.
- This means that during a Proclamation of Emergency, the State can make any law or take any executive action that is inconsistent with the rights guaranteed under Article 19, which includes the right to freedom of speech and expression, the right to assemble peacefully, etc.
Article 359:
- Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.
- This means that during a Proclamation of Emergency, the State can make any law or take any executive action that is inconsistent with the Fundamental Rights whose enforcement has been suspended by the Presidential Order.
- This is a broader provision compared to Article 358, as it allows the State to act against a wider range of Fundamental Rights.
Conclusion:
- Both statements are correct in their explanation of Article 358 and Article 359, respectively.
Article 358:
- Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19.
- This means that during a Proclamation of Emergency, the State can make any law or take any executive action that is inconsistent with the rights guaranteed under Article 19, which includes the right to freedom of speech and expression, the right to assemble peacefully, etc.
Article 359:
- Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.
- This means that during a Proclamation of Emergency, the State can make any law or take any executive action that is inconsistent with the Fundamental Rights whose enforcement has been suspended by the Presidential Order.
- This is a broader provision compared to Article 358, as it allows the State to act against a wider range of Fundamental Rights.
Conclusion:
- Both statements are correct in their explanation of Article 358 and Article 359, respectively.
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Most Upvoted Answer
Consider the following statements.1. Article 358 enables the State to ...
Explanation:
Article 358 and Article 359 of the Indian Constitution both deal with the suspension of Fundamental Rights during an emergency. However, there are some differences between the two articles.
Article 358: Effect of Proclamation of Emergency
- Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19.
- This article comes into force when a Proclamation of Emergency is issued on the grounds of a threat to the security of India or a part thereof.
- During the period of Emergency, the State can suspend the right to freedom of speech and expression, the right to assemble peacefully and without arms, and the right to form associations or unions.
- However, the State cannot suspend the right to life and personal liberty under Article 21, except in accordance with the procedure established by law.
Article 359: Suspension of the enforcement of Fundamental Rights
- Article 359 enables the President to suspend the enforcement of Fundamental Rights during an Emergency.
- This article comes into force when a Proclamation of Emergency is issued on the grounds of war or external aggression or armed rebellion.
- During the period of Emergency, the State can suspend the enforcement of any Fundamental Right except Article 20 and Article 21.
- However, the suspension of these Fundamental Rights can only be done by a Presidential Order, and the Order must specify which rights are being suspended and the duration of the suspension.
Conclusion:
From the above explanation, it is clear that both statements are correct. Therefore, the correct answer is option 'D'.
Article 358 and Article 359 of the Indian Constitution both deal with the suspension of Fundamental Rights during an emergency. However, there are some differences between the two articles.
Article 358: Effect of Proclamation of Emergency
- Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19.
- This article comes into force when a Proclamation of Emergency is issued on the grounds of a threat to the security of India or a part thereof.
- During the period of Emergency, the State can suspend the right to freedom of speech and expression, the right to assemble peacefully and without arms, and the right to form associations or unions.
- However, the State cannot suspend the right to life and personal liberty under Article 21, except in accordance with the procedure established by law.
Article 359: Suspension of the enforcement of Fundamental Rights
- Article 359 enables the President to suspend the enforcement of Fundamental Rights during an Emergency.
- This article comes into force when a Proclamation of Emergency is issued on the grounds of war or external aggression or armed rebellion.
- During the period of Emergency, the State can suspend the enforcement of any Fundamental Right except Article 20 and Article 21.
- However, the suspension of these Fundamental Rights can only be done by a Presidential Order, and the Order must specify which rights are being suspended and the duration of the suspension.
Conclusion:
From the above explanation, it is clear that both statements are correct. Therefore, the correct answer is option 'D'.
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Consider the following statements.1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 192. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential OrderWhich of these statements is/are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)None of themCorrect answer is option 'D'. Can you explain this answer?
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Consider the following statements.1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 192. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential OrderWhich of these statements is/are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)None of themCorrect answer is option 'D'. 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 Consider the following statements.1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 192. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential OrderWhich of these statements is/are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)None of themCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements.1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 192. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential OrderWhich of these statements is/are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)None of themCorrect answer is option 'D'. Can you explain this answer?.
Consider the following statements.1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 192. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential OrderWhich of these statements is/are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)None of themCorrect answer is option 'D'. 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 Consider the following statements.1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 192. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential OrderWhich of these statements is/are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)None of themCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements.1. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 192. Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential OrderWhich of these statements is/are not correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)None of themCorrect answer is option 'D'. Can you explain this answer?.
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