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Declaration of Emergency

During the du...

Question

During the duration of proclamation of National emergency ___________________.

A

all Fundamental Rights are suspended

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B

Articles 20 and 21 cannot be suspended

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C

Article 32 cannot be suspended

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D

Article 19 cannot be suspended

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Solution

The correct option is B Articles 20 and 21 cannot be suspended
Originally, on the Proclamation of National Emergency all the Fundamental Rights stand suspended automatically. But after 44th Constitutional Amendment Act, 1978 Articles 20(Protection in the conviction of offenses) and 21(Right to life and liberty) cannot be suspended. Moreover, Article 19 can be suspended in an emergency only if it is proclaimed on grounds of war and external aggression.

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Q. While a proclamation of Emergency is in operation, the duration of the Lok Sabha can be extended by not exceeding __________________.

Q. 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 ?

Q. During a National Emergency, all six fundamental rights guaranteed under Article 19 of the Constitution remain suspended.

Q. While a proclamation of emergency is in operation the duration of the Lok Sabha can be extended for a period ___________________.

Q. During a proclamation of emergency due to the breakdown of constitutional machinery in a State the President can
I. assume all powers vested in and exercisable by the Governor.
II. declare that the powers of the State Legislature shall be exercised by Parliament.
III. assume certain powers of the High Courts.
IV. suspend by order any or all Fundamental Rights except those under Articles 20 and 21

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