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Question

Consider the following statements :
1. When a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended.
2. During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List.

Which of the above statements is/are correct ?

A
a) 1 only
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B
b) 2 only
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C
c) Both 1 and 2
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D
d) None of the above
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Solution

The correct option is C c) Both 1 and 2

Answer : C
According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required.

During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.

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