Question

Which of the following statement is/are correct about the suspension of fundamental rights ?

1. i. Parliament can suspend fundamental rights by passing a law with a two-third majority
2. ii. During an emergency, the President, by order can suspend the enforcement of some fundamental rights
3. iii. By the proclamation of emergency issued on the ground of war or external aggression, all fundamental rights are automatically suspended
4. iv. Fundamental Rights cannot be suspended.

1. i. Parliament can suspend fundamental rights by passing a law with a two-third majority
2. ii. During an emergency, the President, by order can suspend the enforcement of some fundamental rights
3. iii. By the proclamation of emergency issued on the ground of war or external aggression, all fundamental rights are automatically suspended
4. iv. Fundamental Rights cannot be suspended.

• A. 3, 4
• B. 1 only
• C. 2 only
• D. 3 only

Answer 1

Answer:

C. 2 only

• Statement i is INCORRECT: Parliament cannot simply pass a law by a two-thirds majority to suspend Fundamental Rights. The suspension of Fundamental Rights (or their enforcement) is strictly tied to a Proclamation of Emergency under the Constitution, not standard or constitutional lawmaking alone.

• Statement ii is CORRECT: Under Article 359, when a National Emergency is proclaimed, the President may by order suspend the right to move any court for the enforcement of specified Fundamental Rights (except Articles 20 and 21).

• Statement iii is INCORRECT: A National Emergency declared on the grounds of war or external aggression (External Emergency) automatically suspends the rights under Article 19 only (via Article 358). It does not automatically suspend all Fundamental Rights. Furthermore, rights under Articles 20 and 21 can never be suspended.

• Statement iv is INCORRECT: Fundamental Rights can be suspended/enforced restrictionally during a National Emergency under Articles 358 and 359 of the Indian Constitution.