Which of the following articles deals with the suspension of Fundamental Rights during an emergency?
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A.
Article 352
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B.
Article 356
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C.
Article 358
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D.
Article 359
Correct Answer:
D. Article 359
Explanation:
The correct answer is Article 359. Under the Constitution of India, Article 359 authorizes the President to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. While the rights themselves are not technically abolished, their judicial enforceability is temporarily halted for the duration specified in the Presidential Order. However, following the 44th Amendment Act of 1978, the President cannot suspend the enforcement of rights guaranteed under Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty), even during an emergency. This distinguishes it from Article 358, which specifically and automatically suspends the freedoms guaranteed by Article 19 upon the proclamation of a National Emergency.
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