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
- Which criteria are used in legislations for treating juveniles differently from young adults?
(a) Physical development
(b) Economic development
(c) Intellectual development
(d) Socio emotional development
Select the most suitable option : - Read Assertion (A) and Reason(R) and answer using the codes given below :
Assertion (A) : The writ of Habeas Corpus can be granted to enable the detainee to argue his case in person.
Reason (R) : Because R Vs. Secretary of State for Home Department ex parte Wynne (1992) decided so.
Codes : - Which of the following are matched incorrectly ?
i. Habeas Corpus – ‘To produce the body’
ii. Quo warranto – ‘Issued to a lower court to stop proceedings in a case’.
iii. Prohibition – ‘Issued to a lower court quashing a decision or order’
iv. Mandamus – ‘Commands a person to perform a public duty’. - Read Assertion (A) and Reason (R) to answer using codes given below :
Assertion (A) : One of the two Acts enacted under List I Entry 66 and the other under List III Entry 25 can be repugnant to each other.
Reason (R) : Because in Annamalai University Vs. Secretary of Inf. and Tourism Department decided so.
Codes : - Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : The power under 368 of the Constitution is a constituent power subject to the constitutional scheme as to distribution of legislative power according to entries in the Seventh Schedule.
Reason (R) : Because Sasanka Sekhar Maity Vs. Union of India decided so.
Codes :
