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Which of the following statements is/are true?
(1) Critics claim that emergency provisions undermine the Fundamental Rights.
(2) President becomes dictator by emergency provisions as per the critics.
Choose from the following options.
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Which of the following statements is/are true?(1) Critics claim that ...
Some members of the Constituent Assembly criticized the incorporation of emergency provisions in the Constitution on the following grounds - (a) The federal character of the Constitution will be destroyed and the Union will become all. (b) powerful. (c) The powers of the State - both the Union and the units - will entirely be concentrated in the hands of the Union executive. (d) The President will become a dictator. (e) The financial autonomy of the state will be nullified. (f) Fundamental rights will become meaningless and, as a result, the democratic foundations of the Constitution will be destroyed. However, there were also protagonists of the emergency provisions in the Constituent Assembly. Sir Alladi Krishnaswami Ayyar labelled them as ‘the very life-breath of the Constitution’. Mahabir Tyagi opined that they would work as a ‘safety-valve’ and thereby help in the maintenance of the Constitution. While defending the emergency provisions in the Constituent Assembly, Dr B. R. Ambedkar also accepted the possibility of their misuse. He observed, ‘I do not altogether deny that there is a possibility of the Articles being abused or employed for political purposes’.
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Which of the following statements is/are true?(1) Critics claim that ...
Statement 1: Critics claim that emergency provisions undermine the Fundamental Rights.
Critics argue that emergency provisions, such as those outlined in Article 352 of the Indian Constitution, have the potential to undermine the Fundamental Rights guaranteed to citizens. During a state of emergency, certain Fundamental Rights can be suspended or limited, which critics argue can lead to a violation of individual liberties and an erosion of democracy. These emergency provisions give the government extraordinary powers to restrict freedom of speech and expression, curtail personal liberty, and suspend the right to constitutional remedies. Critics contend that such provisions create an environment where the government can easily infringe upon the rights of citizens without adequate checks and balances.

Statement 2: President becomes dictator by emergency provisions as per the critics.
This statement is an exaggeration and does not accurately reflect the role of the President during a state of emergency. While the President does have the authority to declare a state of emergency, they do not become a dictator. The President's power during a state of emergency is limited and subject to various checks and balances. The declaration of emergency must be approved by the Parliament, and the President's actions are subject to judicial review. Additionally, the emergency provisions outline specific circumstances under which a state of emergency can be declared, such as war, external aggression, or armed rebellion. The President's role is to ensure the stability and security of the nation during such exceptional circumstances, rather than assume dictatorial powers.

Conclusion:
Both statements are true to some extent, but statement 2 is an exaggeration. Critics argue that emergency provisions can undermine Fundamental Rights, but it is incorrect to claim that the President becomes a dictator solely based on emergency provisions. While emergency provisions do grant the government certain extraordinary powers, they are subject to checks and balances to prevent misuse or abuse of power.
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Which of the following statements is/are true?(1) Critics claim that emergency provisions undermine the Fundamental Rights.(2) President becomes dictator by emergency provisions as per the critics.Choose from the following options.a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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