Indian Constitution: Articles 358 & 359 Impact on Fundamental Rights
This question asks about the specific Articles in the Indian Constitution that deal with how Fundamental Rights are affected during a National Emergency.
Understanding Emergency Provisions
The Indian Constitution outlines specific articles that govern the implications of a National Emergency on citizens' rights. The correct option identifies the articles directly addressing the suspension or modification of Fundamental Rights during such times.
Key Articles Explained
- Article 358: This article provides for the suspension of the freedoms guaranteed under Article 19 (freedom of speech, assembly, etc.) automatically when a National Emergency is proclaimed. The suspension operates only while the proclamation of emergency is in effect.
- Article 359: This article empowers the President to issue an order suspending the right to move any court for the enforcement of other Fundamental Rights (except those under Articles 20 and 21) during a National Emergency. This suspension can be for the entire duration of the emergency or a specified period.
Therefore, Articles 358 and 359 are the specific provisions detailing the effect of a National Emergency on Fundamental Rights.
Important Questions from Constitution
- Which of the following Constitutional Amendments introduced the Goods and Services Tax (GST) in India?
- Which Article of the Indian Constitution imposes a duty on the Centre to ensure that the Government of every State is carried on under the
provisions of the Constitution? The Constitution of India under______________directs the State policy to secure that childhood and youth are protected against exploitation and against moral and material abandonment.
The "Doctrine of Basic Structure" was recognised by the Supreme Court for the first time in the case of _______ .
- Which of the following Parts of the Indian Constitution deals with "All-India Services"?
