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Q15 (CGS/2026) Polity & Governance › Federalism & Emergency Provisions

Which of the following Articles cannot be suspended during the Proclamation of National Emergency?

Result
Your answer: —  Â·  Correct: A

Explanation

Under the Indian Constitution, the suspension of Fundamental Rights during a National Emergency is governed by Articles 358 and 359. Article 358 deals with the automatic suspension of the six Fundamental Rights under Article 19 when an emergency is declared on grounds of war or external aggression. Article 359 authorizes the President to suspend the right to move any court for the enforcement of other Fundamental Rights. However, the 44th Amendment Act (1978) restricted this power by stipulating that the enforcement of the rights guaranteed by Articles 20 and 21 cannot be suspended even during an emergency. Article 20 relates to protection in respect of conviction for offences, and Article 21 protects life and personal liberty. Therefore, these two articles remain operative and enforceable at all times.

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SIMILAR QUESTIONS

CDS-I · 2019 · Q74 Relevance score: 6.23

When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except

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Which one among the following statements is not correct ?

CDS-II · 2017 · Q65 Relevance score: 3.24

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