Question

Suspension of Fundamental Rights during Emergency “ of Indian Constitution was taken from which country?

• A. Japan
• B. Russia
• C. USA
• D. Germany

Answer 1

Answer:

D. Germany

• The President of India can suspend the Fundamental Rights on the declaration of Emergency.
• Under Article 359, the President can suspend the Fundamental Rights during the time of Emergency(Internal and External Emergency).
• The suspension of Fundamental Rights is carried out during the term of Emergency or a shorter period.
• The Fundamental Rights are mentioned in Part III (Articles 12 to 35 ) of the Indian Constitution.
• During the time of an emergency, Fundamental Rights mentioned in Article 19 are automatically suspended.
• However, the Fundamental rights mentioned in the Articles 20 and 21 cannot be suspended during the time of an Emergency.
• Article 358 refers to the suspension of Fundamental Rights under Article 19 during the time of External Emergency.
• The Emergency provisions are mentioned in articles 352- 360 ( Part-18) of the Indian Constitution. They are of three types: Internal Emergency, External Emergency, and Financial Emergency.
• According to Article 33, the Parliament can restrict or abrogate the fundamental rights of the Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, etc.
•