Question

During a National Emergency, which fundamental right under Article 19 is automatically suspended?

(i) Right to Equality

(ii) Right to Freedom of Speech and Expression.

(iii) Right to Life and Personal Liberty.

• A. Only (i)
• B. Only (ii)
• C. Only (iii)
• D. Both (ii) and (iii)

Answer 1

Answer:

B. Only (ii)

Suspension of Fundamental Rights during National Emergency

• Article 358 of the Indian Constitution deals with the suspension of the Fundamental Rights guaranteed by Article 19.
• When a proclamation of National Emergency is made under Article 352, the six freedom rights under Article 19 are automatically suspended without requiring any separate presidential order.
• The six freedoms guaranteed under Article 19 include:
  • Right to freedom of speech and expression.
  • Right to assemble peaceably and without arms.
  • Right to form associations or unions or co-operative societies.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession, or to carry on any occupation, trade, or business.

Key Constitutional Amendments and Restrictions

• The 44th Amendment Act of 1978 introduced significant restrictions on the suspension of Fundamental Rights:
  • Restriction on Article 358: Article 19 can only be suspended when the National Emergency is declared on the grounds of war or external aggression (External Emergency). It cannot be suspended if the emergency is declared on the ground of armed rebellion (Internal Emergency).
  • Protection of Articles 20 and 21: Under Article 359, the President can suspend the enforcement of other Fundamental Rights by a separate order, but the right to move the court for the enforcement of Article 20 (Protection in respect of conviction for offenses) and Article 21 (Right to life and personal liberty) cannot be suspended under any circumstances.

Differences Between Article 358 and Article 359

• Article 358 is confined only to Fundamental Rights under Article 19, whereas Article 359 extends to all those Fundamental Rights whose enforcement is suspended by the Presidential Order.
• Article 358 automatically suspends the rights under Article 19 as soon as the emergency is declared, whereas Article 359 does not automatically suspend any right; it only empowers the President to suspend their enforcement through a judicial bar.
• Article 358 operates for the entire duration of the emergency, whereas Article 359 operates for a period specified by the President (which may be shorter than the emergency duration).