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Which of the following statements is/are correct regarding the powers vested to the President under Article 359 of the Constitution of India?
He can promulgate ordinance for any state.
  • He is empowered to suspend the enforcement of some Fundamental Rights.
  • He may extend National Emergency only to few parts of the country and not
    the entire country.
    Select the correct answer using the code given below.
    • a)
      1 and 2 only
    • b)
      2 only
    • c)
      2 and 3 only
    • d)
      3 only
    Correct answer is option 'B'. Can you explain this answer?
    Most Upvoted Answer
    Which of the following statements is/are correct regarding the powers...
    Article 359 of the Constitution of India deals with the powers of the President during National Emergency. The correct statements regarding the powers vested to the President under Article 359 are:

    2. He is empowered to suspend the enforcement of some Fundamental Rights: During National Emergency, the President can suspend the enforcement of some Fundamental Rights guaranteed by the Constitution of India. However, the Right to Life and Personal Liberty cannot be suspended.

    1. He can promulgate ordinance for any state: This statement is incorrect as Article 359 does not give the President the power to promulgate ordinances for any state.

    3. He may extend National Emergency only to few parts of the country and not the entire country: This statement is also incorrect as the President can declare National Emergency for the entire country or for any part thereof.

    Therefore, the correct answer is option B (2 only).
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    Community Answer
    Which of the following statements is/are correct regarding the powers...
    • Article 359 authorises the President to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. This means that under Article 359, the Fundamental Rights as such are not suspended, but only their enforcement. The said 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. Hence statement 2 is correct.
    • The 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways.
      • Firstly, the President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21. In other words, the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency.
      • Secondly, only those laws which are related with the emergency are protected from being challenged and not other laws and the executive action taken only under such a law, is protected.
    • Article 359 operates in case of both when National Emergency is declared on grounds of war or external aggression as well as on the ground of armed rebellion.
    • Article 359 may extend to the entire country or a part of it. Hence statement 3 is not correct.
    • Article 359 does not empower the President to promulgate ordinance in a state. Hence statement 1 is not correct.
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    Which of the following statements is/are correct regarding the powers vested to the President under Article 359 of the Constitution of India? He can promulgate ordinance for any state. He is empowered to suspend the enforcement of some Fundamental Rights. He may extend National Emergency only to few parts of the country and not the entire country.Select the correct answer using the code given below.a)1 and 2 onlyb)2 onlyc)2 and 3 onlyd)3 onlyCorrect answer is option 'B'. Can you explain this answer?
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    Which of the following statements is/are correct regarding the powers vested to the President under Article 359 of the Constitution of India? He can promulgate ordinance for any state. He is empowered to suspend the enforcement of some Fundamental Rights. He may extend National Emergency only to few parts of the country and not the entire country.Select the correct answer using the code given below.a)1 and 2 onlyb)2 onlyc)2 and 3 onlyd)3 onlyCorrect 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 Which of the following statements is/are correct regarding the powers vested to the President under Article 359 of the Constitution of India? He can promulgate ordinance for any state. He is empowered to suspend the enforcement of some Fundamental Rights. He may extend National Emergency only to few parts of the country and not the entire country.Select the correct answer using the code given below.a)1 and 2 onlyb)2 onlyc)2 and 3 onlyd)3 onlyCorrect 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 Which of the following statements is/are correct regarding the powers vested to the President under Article 359 of the Constitution of India? He can promulgate ordinance for any state. He is empowered to suspend the enforcement of some Fundamental Rights. He may extend National Emergency only to few parts of the country and not the entire country.Select the correct answer using the code given below.a)1 and 2 onlyb)2 onlyc)2 and 3 onlyd)3 onlyCorrect answer is option 'B'. Can you explain this answer?.
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