UPSC Exam > UPSC Questions > Articles 358 and 359 of the IndianConstitutio...
Start Learning for Free
Articles 358 and 359 of the Indian Constitution deal with which of the following situations?
- a)Proclamation of National Emergency under Article 352
- b)Financial emergency under Article 360
- c)President's rule under Article 356
- d)President's rule under Article 365
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Articles 358 and 359 of the IndianConstitution deal with which of thef...
Articles 358 and 359 of the Indian Constitution deal with the situation of Proclamation of National Emergency under Article 352.
Explanation:
1. Article 358: Suspension of Fundamental Rights during National Emergency
- Article 358 states that when a Proclamation of National Emergency is in operation, the President has the power to suspend the operation of certain Fundamental Rights guaranteed by the Constitution.
- The Fundamental Rights that can be suspended include the right to move the court for the enforcement of Fundamental Rights (Article 32) and the right to personal liberty (Article 21).
- This means that during a National Emergency, the President can suspend these rights and citizens cannot approach the court for their enforcement.
2. Article 359: Suspension of the Right to Constitutional Remedies during National Emergency
- Article 359 empowers the President to suspend the right to Constitutional Remedies during a National Emergency.
- The right to Constitutional Remedies allows citizens to move the court for the enforcement of Fundamental Rights.
- However, during a National Emergency, the President can suspend this right and citizens cannot approach the court for the enforcement of their Fundamental Rights.
- It is important to note that the suspension of Fundamental Rights and the right to Constitutional Remedies under Articles 358 and 359 is not automatic.
- The President can only exercise these powers if a Proclamation of National Emergency is issued by the President on the grounds of war, external aggression, or armed rebellion (Article 352).
- The Proclamation must be approved by both houses of Parliament within one month.
In conclusion, Articles 358 and 359 of the Indian Constitution pertain to the situation of Proclamation of National Emergency under Article 352. These provisions empower the President to suspend certain Fundamental Rights and the right to Constitutional Remedies during a National Emergency.
Explanation:
1. Article 358: Suspension of Fundamental Rights during National Emergency
- Article 358 states that when a Proclamation of National Emergency is in operation, the President has the power to suspend the operation of certain Fundamental Rights guaranteed by the Constitution.
- The Fundamental Rights that can be suspended include the right to move the court for the enforcement of Fundamental Rights (Article 32) and the right to personal liberty (Article 21).
- This means that during a National Emergency, the President can suspend these rights and citizens cannot approach the court for their enforcement.
2. Article 359: Suspension of the Right to Constitutional Remedies during National Emergency
- Article 359 empowers the President to suspend the right to Constitutional Remedies during a National Emergency.
- The right to Constitutional Remedies allows citizens to move the court for the enforcement of Fundamental Rights.
- However, during a National Emergency, the President can suspend this right and citizens cannot approach the court for the enforcement of their Fundamental Rights.
- It is important to note that the suspension of Fundamental Rights and the right to Constitutional Remedies under Articles 358 and 359 is not automatic.
- The President can only exercise these powers if a Proclamation of National Emergency is issued by the President on the grounds of war, external aggression, or armed rebellion (Article 352).
- The Proclamation must be approved by both houses of Parliament within one month.
In conclusion, Articles 358 and 359 of the Indian Constitution pertain to the situation of Proclamation of National Emergency under Article 352. These provisions empower the President to suspend certain Fundamental Rights and the right to Constitutional Remedies during a National Emergency.
Community Answer
Articles 358 and 359 of the IndianConstitution deal with which of thef...
Articles 358 and 359 describe the effect of a National Emergency (Article 352) on Fundamental Rights. Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21). Hence option (a) is the correct answer.
- The differences between Articles 358 and 359 can be summarised as follows:
- Article 358 is confined to Fundamental Rights under Article 19 only whereas Article 359 extends to all those Fundamental Rights whose enforcement is suspended by the Presidential Order.
- Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 does not automatically suspend any Fundamental Right. It only empowers the president to suspend the enforcement of the specified Fundamental Rights.
- Article 358 operates only in case of External Emergency (that is, when the emergency is declared on the grounds of war or external aggression) and not in the case of Internal Emergency (ie, when the Emergency is declared on the ground of armed rebellion). Article 359, on the other hand, operates in case of both External Emergency as well as Internal Emergencies.
- Article 358 suspends Fundamental Rights under Article 19 for the entire duration of the Emergency while Article 359 suspends the enforcement of Fundamental Rights for a period specified by the president which may either be the entire duration of the Emergency or a shorter period.
- Article 358 extends to the entire country whereas Article 359 may extend to the entire country
- or a part of it.
- Article 358 suspends Article 19 completely while Article 359 does not empower the suspension of the enforcement of Articles 20 and 21.
- Article 358 enables the State to make any law or take any executive action inconsistent with
- Fundamental Rights under Article 19 while Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.
Attention UPSC Students!
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.
|
Explore Courses for UPSC exam
|
|
Similar UPSC Doubts
Top Courses for UPSCView all
Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer?
Question Description
Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. 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 Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer?.
Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. 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 Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer?.
Solutions for Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Articles 358 and 359 of the IndianConstitution deal with which of thefollowing situations?a)Proclamation of National Emergencyunder Article 352b)Financial emergency under Article 360c)Presidents rule under Article 356d)Presidents rule under Article 365Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice UPSC tests.
|
|
Explore Courses for UPSC exam
|
|
Suggested Free Tests
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
Follow Us
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup