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What articles should not be abrogated during the Emergency?

AArticle 18,20

BArticle 19,20

CArticle 20,21

DArticle 15,16

Answer:

C. Article 20,21

Read Explanation:

  • During a national emergency, many Fundamental Rights of Indian citizens can be suspended.

  • The six freedoms under Right to Freedom are automatically suspended.

  • By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.


Related Questions:

The President's rule in a state under Article 356 of the Constitution of India can be extended upto a maximum period of

Which of the following statements are correct about the differences between Articles 358 and 359?

(i) Article 358 applies only to External Emergencies, while Article 359 applies to both External and Internal Emergencies.

(ii) Article 358 automatically suspends Article 19, while Article 359 requires a Presidential Order to suspend specified Fundamental Rights.

(iii) Article 358 allows the suspension of Articles 20 and 21, while Article 359 does not.

Which of the following is/are correct about the scope and application of Articles 358 and 359?

  1. Article 358 automatically suspends Article 19 fundamental rights during a National Emergency declared on the grounds of war or external aggression.

  2. Article 359 empowers the President to suspend enforcement of Fundamental Rights during both external and internal emergencies.

  3. Article 359 allows suspension of enforcement of right to life and personal liberty (Article 21).

"The emergency due to the breakdown of constitutional machinery in a state :

Consider the following statements regarding Judicial Review during Emergency:

  1. The 38th Amendment barred judicial review of proclamation of Emergency or President’s Rule.

  2. The 44th Amendment restored the power of judicial review on Emergency proclamations.

  3. Supreme Court’s Minerva Mills case upheld that National Emergency proclamation is immune from judicial scrutiny.

Which are correct?