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Consider the following statements.
Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.
Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.
In the context of the above, which of these is correct?
- a)A is correct, and R is an appropriate explanation of A.
- b)A is correct, but R is not an appropriate explanation of A.
- c)A is correct, but R is incorrect.
- d)A is incorrect, but R is correct.
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements.Assertion (A): The constitution aut...
- Article 359 authorises the President to suspend the right to constitutional remedies to enforce Fundamental Rights during a National Emergency.
- This means that under Article 359, the Fundamental Rights are not suspended, but only their enforcement. The 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. It does not apply to all fundamental rights. So, R is wrong.
Most Upvoted Answer
Consider the following statements.Assertion (A): The constitution aut...
Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.
Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.
The correct answer is option C: A is correct, but R is incorrect.
Explanation:
The Constitution of India provides for the suspension of certain Fundamental Rights during a National Emergency. However, it is important to note that not all Fundamental Rights are automatically suspended with the proclamation of a National Emergency.
1. Suspension of Fundamental Rights:
- Under Article 359 of the Indian Constitution, the President has the power to suspend the right to move any court for the enforcement of certain Fundamental Rights during a National Emergency.
- This means that during a National Emergency, an individual cannot approach the court to seek protection or enforcement of the suspended Fundamental Rights.
- The specific Fundamental Rights that can be suspended are mentioned in the proclamation of emergency and can vary depending on the nature of the emergency.
2. Not all Fundamental Rights are suspended:
- It is important to note that the suspension of Fundamental Rights is not automatic and applies only to those rights that are specifically mentioned in the proclamation of emergency.
- The Fundamental Rights that cannot be suspended even during a National Emergency include the right to life and personal liberty (Article 21) and the right to protection from arrest and detention in certain cases (Article 22).
- These rights are considered to be the basic and essential rights that cannot be taken away even during an emergency.
3. Role of the President:
- The President, on the advice of the Council of Ministers, can declare a National Emergency under Article 352 of the Constitution.
- The President has the authority to suspend the right to move any court for the enforcement of certain Fundamental Rights during the emergency period.
- However, it is important to note that the President does not have the power to suspend Fundamental Rights on their own. The suspension of Fundamental Rights can only be done through the proclamation of emergency.
In conclusion, Assertion (A) is correct as the Constitution authorizes the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency. However, Reason (R) is incorrect as not all Fundamental Rights are automatically suspended with the proclamation of a National Emergency.
Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.
The correct answer is option C: A is correct, but R is incorrect.
Explanation:
The Constitution of India provides for the suspension of certain Fundamental Rights during a National Emergency. However, it is important to note that not all Fundamental Rights are automatically suspended with the proclamation of a National Emergency.
1. Suspension of Fundamental Rights:
- Under Article 359 of the Indian Constitution, the President has the power to suspend the right to move any court for the enforcement of certain Fundamental Rights during a National Emergency.
- This means that during a National Emergency, an individual cannot approach the court to seek protection or enforcement of the suspended Fundamental Rights.
- The specific Fundamental Rights that can be suspended are mentioned in the proclamation of emergency and can vary depending on the nature of the emergency.
2. Not all Fundamental Rights are suspended:
- It is important to note that the suspension of Fundamental Rights is not automatic and applies only to those rights that are specifically mentioned in the proclamation of emergency.
- The Fundamental Rights that cannot be suspended even during a National Emergency include the right to life and personal liberty (Article 21) and the right to protection from arrest and detention in certain cases (Article 22).
- These rights are considered to be the basic and essential rights that cannot be taken away even during an emergency.
3. Role of the President:
- The President, on the advice of the Council of Ministers, can declare a National Emergency under Article 352 of the Constitution.
- The President has the authority to suspend the right to move any court for the enforcement of certain Fundamental Rights during the emergency period.
- However, it is important to note that the President does not have the power to suspend Fundamental Rights on their own. The suspension of Fundamental Rights can only be done through the proclamation of emergency.
In conclusion, Assertion (A) is correct as the Constitution authorizes the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency. However, Reason (R) is incorrect as not all Fundamental Rights are automatically suspended with the proclamation of a National Emergency.
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Consider the following statements.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. 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.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. 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.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. 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.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. 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.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Consider the following statements.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? a) A is correct, and R is an appropriate explanation of A.b) A is correct, but R is not an appropriate explanation of A.c) A is correct, but R is incorrect.d) A is incorrect, but R is correct.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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