Q. Consider the following statements with reference to Articles 358 and 359 of the Indian Constitution:
1.Article 358 suspends the Fundamental Rights under Article 19 automatically during an Emergency declared on the grounds of war, external aggression, or armed rebellion.
2.Article 359 requires a Presidential Order to suspend the enforcement of specified Fundamental Rights, but Articles 20 and 21 cannot be suspended even through such an order.
3.Both Article 358 and Article 359 provide protection only to those laws and executive actions that are specifically related to the Emergency.
How many of the above statements are correct?
Answer: B
Notes:
Explanation:
- Article 358 applies only to Article 19 and only during emergencies declared on the grounds of war or external aggression, not armed rebellion.
- Article 359 requires a Presidential Order and excludes the suspension of Articles 20 and 21, even during an Emergency.
- Both Articles provide immunity only to laws/executive actions related to the Emergency, not to unrelated ones.
Source: Laxmikant (Polity)
