Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q65 (CDS-II/2017) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

The Fundamental Rights guaranteed in the Constitution of India can be suspended only by

Result
Your answer: —  ·  Correct: A
Explanation

The Fundamental Rights in India are not absolute and can be suspended during a state of emergency to protect national security. Specifically, Article 358 provides for the automatic suspension of rights under Article 19 (Right to Freedom) upon the proclamation of a National Emergency under Article 352 [2]. Furthermore, Article 359 empowers the President of India to suspend the right to move any court for the enforcement of other Fundamental Rights (except Articles 20 and 21) during such a proclamation [1]. While Parliament can amend Fundamental Rights under Article 368, such amendments are permanent changes to the constitutional text rather than the temporary 'suspension' referred to in the context of emergency powers. Therefore, the suspension of these rights is specifically tied to the proclamation of a National Emergency [2].

Sources

  1. [2] https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1156&context=nlsir
  2. [1] https://minervaxtremelaw.haifa.ac.il/wp-content/uploads/2015/01/Emergency_Laws_and_Regulations_-in_India-_19-_Jan2016.pdf
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
54%
got it right
✓ Thank you! We'll review this.

SIMILAR QUESTIONS

CDS-I · 2013 · Q92 Relevance score: 4.93

Which one among the following statements is not correct ?

CDS-I · 2003 · Q5 Relevance score: 4.50

Consider the following statements : The Fundamental Rights under the Indian Constitution are fundamental because I. they are protected and enforced by the Constitution. II. they can be suspended only in the manner prescribed, by the Constitution. III. they are enforceable against the State. IV. they cannot be amended. Which of these statements are correct?

CDS-I · 2019 · Q74 Relevance score: 4.02

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

CDS-II · 2023 · Q26 Relevance score: 3.76

Which among the following Fundamental Rights is not suspended when an Emergency is declared?

CDS-I · 2014 · Q10 Relevance score: 2.42

The Fundamental Rights, enshrined in Part III of the Constitution of India, “are inherent and cannot be extinguished by any constitutional and statutory provision”. This was made clear in the case of