UGC NET Exam  >  UGC NET Questions  >  With reference to the Effect of a National em... Start Learning for Free
With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:
1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.
2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.
Which of the statements given above is/are incorrect?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2 
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
With reference to the Effect of a National emergency on the Fundamenta...
  • The suspension of rights except under article 19 needs presidential order for their suspension, thus not all the rights suspend automatically, hence statement 1 is incorrect.
  • 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. Hence statement B is correct.
View all questions of this test
Most Upvoted Answer
With reference to the Effect of a National emergency on the Fundamenta...
Understanding the Impact of National Emergency on Fundamental Rights
When a national emergency is declared in India, it significantly alters the enforcement of fundamental rights as provided in the Constitution. Let's analyze the two statements given in the question:
Statement 1: All Fundamental Rights are automatically suspended.
- This statement is incorrect.
- Only specific rights can be suspended during a national emergency.
- The rights that can be suspended are outlined in Article 19, which includes the right to freedom of speech, assembly, association, movement, residence, and profession.
- Other fundamental rights, particularly those enshrined in Articles 20 and 21, continue to remain enforceable even during an emergency.
Statement 2: The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.
- This statement is correct.
- Article 20 provides protection against ex-post facto laws, double jeopardy, and self-incrimination.
- Article 21 ensures the right to life and personal liberty.
- These rights cannot be suspended by the President during an emergency, and individuals retain the right to approach the courts for their enforcement.
Conclusion
Given the analysis, the correct answer is option 'A' because Statement 1 is incorrect, while Statement 2 is correct. This highlights the balance between state power and individual rights even in times of national emergency.
Explore Courses for UGC NET exam

Similar UGC NET Doubts

With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
Question Description
With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UGC NET 2025 is part of UGC NET preparation. The Question and answers have been prepared according to the UGC NET exam syllabus. Information about With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UGC NET 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
Solutions for With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for UGC NET. Download more important topics, notes, lectures and mock test series for UGC NET Exam by signing up for free.
Here you can find the meaning of With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?, a detailed solution for With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice With reference to the Effect of a National emergency on the Fundamental Rights, consider the following:1. When a proclamation of national emergency is made, all the Fundamental Rights are automatically suspended.2. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.Which of the statements given above is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice UGC NET tests.
Explore Courses for UGC NET exam

Top Courses for UGC NET

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev