Consider the following statements about the effect of National emergency on the Fundamental Rights of the citizens:
1. In contrast to Article 358, Article 359 puts the fundamental rights on hold throughout the Emergency’s entire duration.
2. Unlike Article 358, Article 359 suspends the fundamental rights during both External and Internal Emergencies.
3. Neither Article 358 nor Article 359 leads to the suspension of fundamental rights as guaranteed by Articles 20 and 21.
Which of the statements given above is/are correct?
Ans) b
Explanation:
Statement 1 is INCORRECT. Article 358 suspends Fundamental Rights outlined in Article 19 for the entire duration of an Emergency, whereas Article 359 suspends the enforcement of Fundamental Rights for a period specified by the President, which can be either the entire duration of the Emergency or a shorter timeframe.
Statement 2 is correct. Article 358 is applicable exclusively during External Emergencies, declared in the event of war or external aggression, and does not apply during Internal Emergencies, which are declared due to armed rebellion. Conversely, Article 359 applies to both External and Internal Emergencies.
Statement 3 is CORRECT. Article 358 pertains specifically to Fundamental Rights under Article 19, whereas Article 359 encompasses all Fundamental Rights whose enforcement is suspended by Presidential Order.
Additional information: Article 358 automatically suspends the six Fundamental Rights under Article 19 when a national emergency is proclaimed. However, the 44th Amendment Act of 1978 limited the scope of Article 359 by preventing the President from suspending the right to seek legal recourse for the enforcement of fundamental rights guaranteed by Articles 20 to 21. In other words, the right to protection regarding convictions for offenses (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during an emergency.
