Understanding Article 19 Suspension During Emergency
Article 19 of the Indian Constitution guarantees certain fundamental rights to citizens, including freedom of speech and expression, freedom to assemble peaceably, freedom to form associations, freedom to move freely throughout India, and freedom to reside and settle in any part of India.
Grounds for National Emergency (Article 352)
Article 352 allows the President to declare a National Emergency if they are satisfied that the security of India, or any part of it, is threatened. The grounds for such a declaration are:
- War
- External aggression
- Armed rebellion
Automatic Suspension of Article 19 Rights (Article 358)
Article 358 of the Constitution states that when a Proclamation of Emergency is in effect under Article 352, the rights guaranteed by Article 19 are automatically suspended. This suspension allows the government to take necessary measures that might otherwise infringe upon these freedoms, in order to protect the nation's security.
Linking Emergency Grounds to Article 19 Suspension
The question asks specifically under which grounds for declaring an emergency under Article 352, the rights under Article 19 are automatically suspended. According to Article 358, this automatic suspension applies when the emergency is proclaimed on the grounds of:
- War
- External aggression
- Armed rebellion
Therefore, if an emergency is declared under Article 352 based on any of these three conditions, the rights mentioned in Article 19 cease to be enforceable during the period the emergency proclamation is active.
Important Questions from Constitution Law
- In which of the following cases, the Supreme Court held that 'the preamble is the part of the constitution' ?
- Clause(5) of article-15 has been added to the constitution by :
- In which of the following cases the supreme court has held that the word 'law' in Article-21 does not mean merely an enacted piece of law but must be just, fair and reasonable law ?
- Which cannot be done directly, cannot be done indirectly.' – This statement epitomises the doctrine of :
- Which of the following statements is/are correct ?
(i) When the court declares certain provisions of the Act as invalid and affects the validity of that Act, this principle is known as Doctrine of Severability.
(ii) It is the perspective character of Article 13(1) which gives rise to the Doctrine of Eclipse.
(iii) The American doctrine of waiver of Fundamental Rights is part of the Indian Constitution.
(iv) The doctrine of perspective overruling was not applied in I.C. Golaknath vs State of Punjab.
Choose the correct answer from the code given below :
