Q. With reference to the impact on rights of Citizens during National Emergency, consider the following statements:
Which of the statements given above is/ are correct?
Q. With reference to the impact on rights of Citizens during National Emergency, consider the following statements:
Which of the statements given above is/ are correct?
The correct option is A 1 only
Explanation:
Statement 1 is correct: Article 359 of the Constitution provides for suspension of enforcement of fundamental rights. The right to constitutional remedies gets suspended only through Presidential orders. Presidential order mentions which all right’s enforcement are suspended. The article applies in all cases of national emergency i.e. war, external aggression or armed rebellion.
Statement 2 is Incorrect: Article 358 of the Constitution provides for automatic suspension of freedom of speech and expression (Article 19). 44th Amendment limits the suspension of freedom of speech and expression only when National Emergency is imposed on the grounds of war and external aggression (external emergency) and not in case of internal emergency (armed rebellion).
Explanation:
Statement 1 is correct: Article 359 of the Constitution provides for suspension of enforcement of fundamental rights. The right to constitutional remedies gets suspended only through Presidential orders. Presidential order mentions which all right’s enforcement are suspended. The article applies in all cases of national emergency i.e. war, external aggression or armed rebellion.
Statement 2 is Incorrect: Article 358 of the Constitution provides for automatic suspension of freedom of speech and expression (Article 19). 44th Amendment limits the suspension of freedom of speech and expression only when National Emergency is imposed on the grounds of war and external aggression (external emergency) and not in case of internal emergency (armed rebellion).
