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Q65 (CDS-II/2017) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

The Fundamental Rights guaranteed in the Constitution of India can be suspended only by

Result
Your answer: —  Â·  Correct: A
Explanation

The Fundamental Rights in India are not absolute and can be suspended during a state of emergency to protect national security. Specifically, Article 358 provides for the automatic suspension of rights under Article 19 (Right to Freedom) upon the proclamation of a National Emergency under Article 352 [2]. Furthermore, Article 359 empowers the President of India to suspend the right to move any court for the enforcement of other Fundamental Rights (except Articles 20 and 21) during such a proclamation [1]. While Parliament can amend Fundamental Rights under Article 368, such amendments are permanent changes to the constitutional text rather than the temporary 'suspension' referred to in the context of emergency powers. Therefore, the suspension of these rights is specifically tied to the proclamation of a National Emergency [2].

Sources

  1. [2] https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1156&context=nlsir
  2. [1] https://minervaxtremelaw.haifa.ac.il/wp-content/uploads/2015/01/Emergency_Laws_and_Regulations_-in_India-_19-_Jan2016.pdf
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