Question

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

i. Parliament can suspend fundamental rights by passing a law with a two-third majority

ii. During an emergency, the President, by order, can suspend the enforcement of some fundamental rights

iii. By the proclamation of emergency issued on the ground of war or external aggression, all fundamental rights are automatically suspended

iv. Fundamental Rights cannot be suspended

• A. Only i and ii
• B. Only ii and iii
• C. Only ii
• D. Only iv

Answer 1

Answer:

C. Only ii

Suspension of Fundamental Rights during Emergency

• Article 358 and Article 359 of the Constitution of India describe the effect of a National Emergency on Fundamental Rights.
• Article 358 deals with the automatic suspension of the Fundamental Rights guaranteed by Article 19 (right to six freedoms) as soon as a National Emergency is declared on the grounds of war or external aggression (External Emergency).
• Fundamental Rights under Article 19 cannot be suspended if the National Emergency is declared on the ground of armed rebellion (Internal Emergency).
• Article 359 authorizes the President to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. This means that the rights themselves are not suspended, but their enforcement is suspended.
• The 44th Amendment Act of 1978 restricted the power of the President under Article 359. The President cannot suspend the right to move the court for the enforcement of Articles 20 and 21 under any circumstances.
• Article 20 provides protection in respect of conviction for offenses, and Article 21 guarantees the right to life and personal liberty.
• Parliament cannot suspend Fundamental Rights simply by passing a law with a two-thirds majority; suspension is strictly governed by the emergency provisions under the Constitution.