Question

The President can revoke fundamental rights during the emergency that comes under which article?
1. ​Article 324 
2. ​Article 330 
3. ​Article 343 
4. ​Article 352 

Answer 1

Correct Answer - Option 4 : ​Article 352 

The Correct answer is Article 352.

• National Emergency:
  • The first national emergency proclamation under article 352 and was on the basis of external aggression in 1962 the tenure of Jawaharlal Nehru government.
  • The President of India has the right to proclaim the emergency in India under the article 352.
  •  Articles 358 and 359 describes the effect of a National Emergency on the Fundamental Rights. 
  • The Fundamental Rights under Article 19 are automatically suspended and this suspension continues till the end of the emergency.
  • According to the 44th Amendment, Freedoms listed in Article 19 can be suspended only in case of proclamation on the ground of war or external aggression and it becomes quite clear that emergency not only suspends the autonomy of the States but also converts the federal structure of India into a unitary one. 
  • Article 19 : freedom of speech, expression, assemble peaceably and without arms,form associations or unions 
  • Article 20 and 21 cannot be suspended during the emergency.
    • Article 20: gives protection in respect of conviction for offences.
    • Article 21: gives the right to life, personal liberty and the right to die with dignity​
  • Article 356 and 360 are related to the state emergency and the financial emergency respectively.
  • So far, a total of three emergencies have been imposed which are as follows -

  • Emergency (Article 352)	year	Base of Proclamation
    The first	1962	External Aggression
    The second	1971	External Aggression
    The third	1975	Internal Disturbance

• The President of India:
  • Article 52: There shall be a President of India.
  • He is the constitutional head of the executive of India.
  • The term of the office of the President is 5 years.
  • He is the first citizen of India.
  • He is an integral part of the Indian Parliament.
  • The President is elected by the method called Electoral College.
  • In the election of the President of India, the elected members of both the houses of parliament i.e the Loksabha and the Rajya Sabha along with the elected members of the State Legislative Assembly can participate.
  • The President of India has the right to proclaim the emergency in India under article 352.
  • The President of India has the power of pardoning under Article 72.
  • He can submit his resignation to the Vice President of India.
  • He is the supreme commander of the Indian Armed Forces.
  • He appoints the Chief Justice of the Supreme Court as well as the High Court.
  • First President of India: Dr Rajendra Prasad
  • Current President: Ramnath Kovind (14th)