Question

Right to Freedom as under Article 19 is automatically suspended when a proclamation of emergency is made under which of the following grounds?
1. Armed rebellion
2. Internal disturbance
3. Loss of election
4. War or external aggression

Answer 1

Correct Answer - Option 4 : War or external aggression

The correct answer is War or external aggression.

• 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.
• The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways.
• Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion.
• Under Article 359, the President is authorized to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.

• The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order.
• The suspension could be for the period during the operation of an emergency or for a shorter period.
• The Order should be laid before each House of Parliament for approval. 
• The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Articles 20 and 21.