Q. With reference to effects of national emergency on Fundamental rights, consider the following statements: During the period of national emergency:
1. Restrictions can be imposed on the freedom of press
2. A person can be arrested without fair trial
3. State can discriminate among the citizens
4. The writ of habeas corpus cannot be issued by the courts
How many of the statements given above are correct?
Exp) Option c is the correct answer
Statement 1 is correct: According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. So, restrictions can be imposed on the freedom of the press.
Statement 2 is correct: Rights other than the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) can be suspended. Since fair trial is dealt with in article 22, its enforcement can be suspended by the state. Therefore, A person can be arrested without fair trial.
Statement 3 is correct: Since equality is dealt with in Article 14, its enforcement can also be suspended by the state. Hence the State can discriminate among the citizens.
Statement 4 is incorrect: The 44th Amendment, 1978, has provided that Article 21, relating to personal liberty cannot be suspended even during an emergency. In this way personal liberty has been strengthened and the writ of habeas corpus retains its potency even during an emergency
