Emergency Provisions

Choose the Correct Answer

Correct Answer : Option a

Explanation
Articles 358 and 359 describe the effect of a National Emergency on Fundamental Rights.

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.

While a proclamation of national emergency is in operation, the state is freed from the restrictions imposed by Article 19. In other words, the state can make any law or can take any executive action abridging or taking away the six Fundamental Rights guaranteed by Article 19.

Article 19 automatically revives and comes into force. Any law made during Emergency, to the extent of inconsistency with Article 19, ceases to have effect. However, no remedy lies for anything done during the Emergency even after the Emergency expires. This means that the legislative and executive actions taken during the emergency cannot be challenged even after the Emergency ceases to operate.

The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21. In other words, the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during an emergency.

Article 359 empowers the President to suspend the enforcement of all or all fundamental rights(except Articles 20 & 21) during a national emergency. Article 359 operates in case of both External Emergency as well as Internal Emergency.