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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?
Most Upvoted Answer
Consider the following statements.Assertion (A): The constitution auth...
  • 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.
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Community Answer
Consider the following statements.Assertion (A): The constitution auth...
Understanding the Assertion and Reasoning
In the context of the Constitution of India, it is essential to analyze the assertion and reasoning presented regarding the suspension of Fundamental Rights during a National Emergency.
Assertion (A)
- The Constitution indeed authorizes the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.
- This is specified under Article 359 of the Constitution.
Reason (R)
- It is incorrect to state that all Fundamental Rights are automatically suspended with a proclamation of National Emergency.
- Only specific rights can be suspended, and even then, this suspension is not automatic for all Fundamental Rights.
Correct Explanation
- While the President can suspend the right to move courts for certain Fundamental Rights, not all rights are suspended.
- For instance, Fundamental Rights like the right to equality (Article 14) and the right to life and personal liberty (Article 21) can still be enforced.
Conclusion
- Therefore, the correct option is (C): "A is correct, but R is incorrect."
- This highlights that while the Constitution provides for suspension during a National Emergency, it does not mean that all Fundamental Rights are suspended automatically.
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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?.
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