Q. Consider the following statements:
1.A national emergency has been proclaimed two times so far in India.
2.During a national emergency, fundamental rights under Article 20 and Article 21 remain enforceable.
3.The president is authorised to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.
Which of the statements above is/are correct?
Answer: C
Notes:
Explanation:
- A National Emergency has been proclaimed three times so far in 1962, 1971 and 1975.
- The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during an emergency.
- Article 359 empowers the President to suspend the right to approach any court to enforce Fundamental Rights during a National Emergency. This implies that the Fundamental Rights themselves are not suspended; rather, only the ability to enforce them through the courts is temporarily withheld.
Source: Laxmikant
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