Question

Which of the following statements is false with respect to emergency under the Constitution?

• A. Emergency may be declared on account of failure of Constitutional machinery in a State.
• B. During emergency, there is suspension of right to Constitutional Remedies with respect to enforcement of all fundamental rights.
• C. Art. 360 of the Constitution talks about financial emergency.
• D. D) None of the above

Answer 1

Answer:

B. During emergency, there is suspension of right to Constitutional Remedies with respect to enforcement of all fundamental rights.

B) During emergency, there is suspension of right to Constitutional Remedies with respect to enforcement of all fundamental rights.

• Explanation:

  • During a National Emergency (declared under Article 352), Article 358 provides for the suspension of the rights guaranteed by Article 19 (freedom of speech, assembly, association, etc.).

  • Article 359 empowers the President to suspend the right to move any court for the enforcement of any other fundamental rights (except Articles 20 and 21) during a National Emergency.

  • Crucially, the 44th Amendment Act of 1978 specifically added a provision that the enforcement of rights under Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty) cannot be suspended even during a National Emergency.

  • Therefore, the statement that there is a suspension of rights to Constitutional Remedies with respect to enforcement of all fundamental rights is incorrect because Articles 20 and 21 remain enforceable.