Q. Consider the following statements regarding the suspension of Fundamental Rights during National Emergency:
1.Article 358 allows automatic suspension of all Fundamental Rights during a National Emergency, regardless of the ground on which it is declared.
2.Article 359 empowers the President to suspend the right to constitutional remedies for the enforcement of specified Fundamental Rights, but not the rights themselves.
3.After the 44th Amendment Act, 1978, the Fundamental Rights under Articles 20 and 21 cannot be suspended even during a National Emergency.
How many of the above statements are correct?
Answer: B
Notes:
Explanation:
- Article 358 allows automatic suspension only of Article 19 rights, and only when an Emergency is declared on the grounds of war or external aggression, not armed rebellion.
- Article 359 suspends the right to move court for the enforcement of specified Fundamental Rights, not the rights themselves.
- As per the 44th Amendment Act, rights under Articles 20 and 21 remain enforceable even during a National Emergency.
Source: Laxmikant (Polity)
