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

By Raj Vimal|Updated : October 10th, 2022

(A) A proclamation of National Emergency

(B) An Act passed by the Parliament

(C) An amendment to the Constitution of India

(D) The judicial decisions of the Supreme Court

These Fundamental Rights can be suspended during an emergency by the President of India under Article 359. Hence, Option 1 is correct. There is legal precedent for fundamental rights. A person may appeal to the Supreme Court for the implementation of these rights under Article 32 of the Constitution.

Explain National Emergency

The emergency provisions are found in Articles 352 to 360 of Part XVIII of the Indian Constitution. These laws give the Central government the ability to handle any unusual event successfully. War, external attack, or armed revolt are all grounds for declaring a national emergency. In the Constitution, a situation of this nature is referred to as a "proclamation of emergency."

Grounds of Emergency Declaration:

  • When war, external aggression, or armed rebellion threatens the security of India or a portion of it, the president is authorized by Article 352 to proclaim a national emergency.
  • Even before a war, armed insurrection, or external assault takes place, the President may declare a national emergency.
  • The term "External Emergency" refers to a national emergency that is declared due to "war" or "external attack."
  • On the other hand, it is referred to as an "internal emergency" when it is declared due to an "armed insurrection".
  • The 44th amendment introduces the phrase "armed revolt." It was previously referred to as an internal disturbance.

Summary:

The Fundamental Rights guaranteed in the Constitution India can be suspended only by? (A) A proclamation of National Emergency (B) An Act passed by the Parliament (C) An amendment to the Constitution of India (D) The judicial decisions of the Supreme Court

The only way to suspend the fundamental rights enshrined in the Indian Constitution is to declare a national emergency. India faced this situation at the time of Smt. Indira Gandhi's era. All the fundamental rights were suspended during 1975 to 1977.

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