The Fundamental Rights can be suspended by the President of India. This power is granted under Article 359 of the Indian Constitution.
- President's Authority:
The President has the authority to suspend the enforcement of Fundamental Rights during a national emergency. This provision allows the government to take necessary actions to address the emergency situation effectively.
- Article 359:
Article 359 states that during a national emergency declared under Article 352, the President can issue an order suspending the enforcement of Fundamental Rights guaranteed by Article 14 (Right to Equality), Article 19 (Freedom of Speech and Expression, etc.), and Article 21 (Right to Life and Personal Liberty).
- Scope of Suspension:
It is important to note that the suspension of Fundamental Rights is not absolute. Certain rights, such as the right to life and personal liberty, cannot be suspended even during a national emergency. Other rights can be suspended to the extent deemed necessary by the government.
- Duration of Suspension:
The suspension of Fundamental Rights remains in force for the duration of the national emergency. Once the emergency is revoked, the suspension is lifted, and the Fundamental Rights are reinstated.
- Checks and Balances:
While the President has the authority to suspend Fundamental Rights, there are certain checks and balances in place. The government must justify the need for suspension, and the decision can be challenged in the court of law.
In conclusion, the President of India has the power to suspend Fundamental Rights during a national emergency as outlined in Article 359 of the Indian Constitution. This provision ensures that necessary actions can be taken to address emergency situations while upholding the principles of the Constitution.