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Consider the following statements:
Statement-I: 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.
Statement-II: Article 359 of the Indian Constitution deals with the suspension of the Fundamental Rights guaranteed by Article 19.
Which one of the following is correct in respect of the above statements?
Both Statements-I and Statement-II are correct and Statement- II is the correct explanation for Statement-I
Both Statement-I and Statement-II are correct and Statement II is not the correct explanation for Statement-I
Statement-I is correct but Statement II is incorrect
Statement-I is incorrect but Statement-II is correct
A proclamation of National Emergency under Article 352 of the Indian Constitution has drastic and wide-ranging effects on the political system of India. Articles 358 and 359 describe the effect of a National Emergency on Fundamental Rights. • Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21). Hence, Statement II is not correct. • 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. • However, The 44th Amendment Act of 1978 restricted the scope of Article 358 as 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. Hence, statement I is correct. • Hence option (c) is the correct answer.
By: Parvesh Mehta ProfileResourcesReport error
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