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Difficulty: MediumFederal System, Centre-State Relations, and Emergency Provisions

Consider the following statements regarding the distinction between Article 358 and Article 359 of the Indian Constitution during a Proclamation of National Emergency:

1. Article 358 automatically suspends the Fundamental Rights guaranteed under Article 19 only when the National Emergency is declared on grounds of war or external aggression, and not on the ground of armed rebellion.
2. Article 359 automatically suspends the right to move any court for the enforcement of all Fundamental Rights immediately upon the proclamation of emergency.
3. An order issued by the President under Article 359 may specify a enforcement suspension period that is shorter than the entire duration of the National Emergency.

Which of the statements given above are correct?

  1. A
    Statement 1 and Statement 2
  2. Statement 1 and Statement 3Answer
  3. C
    Statement 2 and Statement 3
  4. D
    Statement 1, Statement 2, and Statement 3

Answer

Statements 1 and 3 are correct.
Statements 1 and 3 are correct. Following the 44th Constitutional Amendment Act of 1978, Article 358 operates automatically to suspend rights under Article 19 only in cases of External Emergency (war or external aggression), excluding internal emergency on grounds of armed rebellion. Under Article 359, the President has the discretion to specify an enforcement suspension period that is shorter than the entire duration of the emergency. Statement 2 is incorrect because Article 359 requires an explicit Presidential Order (it does not work automatically) and cannot touch Articles 20 and 21.

Step-by-Step Solution

1
Analyze Statement 1 regarding Article 358 and the 44th Constitutional Amendment Act, 1978.
The 44th Amendment restricted the scope of Article 358 such that Fundamental Rights under Article 19 are suspended automatically only when an emergency is declared on the grounds of war or external aggression (External Emergency), and NOT on the ground of armed rebellion (Internal Emergency). Therefore, Statement 1 is correct.
To verify the constitutional limitation placed on Article 358.
2
Analyze Statement 2 regarding the operational nature of Article 359.
Article 359 does not operate automatically upon the proclamation of emergency. Instead, it empowers the President to issue a separate order suspending the right to move any court for the enforcement of specified Fundamental Rights. Furthermore, Articles 20 and 21 can never be suspended even by Presidential order. Therefore, Statement 2 is incorrect.
To distinguish between automatic suspension under Article 358 and non-automatic Presidential orders under Article 359.
3
Analyze Statement 3 regarding the duration of a Presidential Order under Article 359.
Under Article 359(2), an order issued by the President may extend to the whole or any part of the territory of India and may specify a period shorter than the total duration of the Proclamation of Emergency. Therefore, Statement 3 is correct.
To verify the temporal and territorial flexibility granted to Presidential orders under Article 359.

Key Concept

Constitutional provisions under Articles 358 and 359 governing the suspension of Fundamental Rights during National Emergency
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Topics

Federal System, Centre-State Relations, and Emergency Provisions

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