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Consider the following statements:
1. During a National Emergency, Parliament can legislate on any subject in the State List.
2. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency.
3. The 44th Amendment Act of 1978 restricted Article 359, ensuring the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.
Which of the statements given above is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements:1. During a National Emergency, Par...
All three statements are correct based on the provisions outlined in the Indian Constitution regarding the effects of a National Emergency:
1. Statement 1: Correct. During a National Emergency, Parliament is empowered to legislate on any subject in the State List, overriding the normal distribution of legislative powers between the Centre and the states.
2. Statement 2: Correct. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency. This means that laws and executive actions inconsistent with Article 19 cannot be challenged during the Emergency.
3. Statement 3: Correct. The 44th Amendment Act of 1978 did restrict Article 359, ensuring that the President cannot suspend the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21, even during a National Emergency. This safeguard ensures protection from conviction for offences and upholds the right to life and personal liberty.
Thus, the correct answer is Option D.
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Community Answer
Consider the following statements:1. During a National Emergency, Par...
Explanation:

Statement 1: During a National Emergency, Parliament can legislate on any subject in the State List.
- This statement is correct. Article 250 of the Indian Constitution empowers Parliament to make laws on subjects in the State List during a National Emergency.

Statement 2: Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency.
- This statement is correct. Article 358 states that while a proclamation of National Emergency is in operation, the President can, by order, declare that the right to move any court for the enforcement of Fundamental Rights under Article 19 shall remain suspended.

Statement 3: The 44th Amendment Act of 1978 restricted Article 359, ensuring the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.
- This statement is correct. The 44th Amendment Act of 1978 placed restrictions on the powers of the President to suspend the enforcement of Fundamental Rights under Article 359, ensuring the right to move the court for the enforcement of Fundamental Rights guaranteed by Articles 20 and 21.
Therefore, all three statements are correct. During a National Emergency, Parliament can legislate on any subject in the State List, Article 358 allows for the suspension of Fundamental Rights under Article 19, and the 44th Amendment Act restricted Article 359 to ensure the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.
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Consider the following statements:1. During a National Emergency, Parliament can legislate on any subject in the State List.2. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency.3. The 44th Amendment Act of 1978 restricted Article 359, ensuring the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements:1. During a National Emergency, Parliament can legislate on any subject in the State List.2. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency.3. The 44th Amendment Act of 1978 restricted Article 359, ensuring the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. 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:1. During a National Emergency, Parliament can legislate on any subject in the State List.2. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency.3. The 44th Amendment Act of 1978 restricted Article 359, ensuring the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. 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:1. During a National Emergency, Parliament can legislate on any subject in the State List.2. Article 358 allows for the automatic suspension of Fundamental Rights under Article 19 during a National Emergency.3. The 44th Amendment Act of 1978 restricted Article 359, ensuring the right to move the court for enforcement of Fundamental Rights guaranteed by Articles 20 and 21.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?.
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