Q. Consider the following statements about the effect of National emergency on the Fundamental Rights of the citizens:
1. Unlike Article 358, Article 359 suspends the fundamental rights for the entire duration of Emergency.
2. Unlike Article 358, Article 359 suspends the fundamental rights in case of both External as well as Internal Emergency.
3. Neither Article 358 nor Article 359 results in the suspension of fundamental rights guaranteed by Articles 20 and 21.
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect. Article 358 suspends Fundamental Rights under Article 19 for the entire duration of Emergency while Article 359 suspends the enforcement of Fundamental Rights for a period specified by the president which may either be the entire duration of Emergency or a shorter period.
Statement 2 is correct. Article 358 operates only in case of External Emergency (that is, when the emergency is declared on the grounds of war or external aggression) and not in the case of Internal Emergency. On the other hand, Article 359, operates in case of both External Emergency as well as Internal Emergency.
Statement 3 is correct. Article 358 is confined to Fundamental Rights under Article 19 whereas Article 359 extends to all those Fundamental Rights whose enforcement is suspended by the Presidential Order. The 44th Amendment Act of 1978 restricted the scope of Article 359 by not allowing President to suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21. Thus, 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 emergency
