Q. What will be the impact of National Emergency on the Fundamental Rights of Citizens, when the emergency is declared on the ground of Armed rebellion?
1. Fundamental Rights guaranteed under Article 19 are automatically suspended.
2. The President can suspend the enforcement of Fundamental Right to Life and Personal Liberty.
Select the correct answer using the code given below:
Exp) Option d is the correct answer.
Statement 1 is incorrect. According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. However, the 44th Amendment Act of 1978 restricted the scope of Article 358 in such a way that the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion.
Statement 2 is incorrect. Article 359 authorises the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. However, the 44th Amendment Act of 1978 restricted the scope of Article 359. Thus, the President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21. In other words, 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.
