Question

Which of the following statements correctly distinguishes Article 358 from Article 359 of the Constitution during a Proclamation of Emergency?

Q: Answer-Which of the following statements correctly distinguishes Article 358 from Article 359 of the Consti...

Article 358 provides that while a Proclamation of Emergency is in operation, nothing in Article 19 shall restrict the power of the State to make any law or take any executive action Article 19 stands automatically suspended. After the 44th Amendment, this operates only where the emergency is declared on the ground of war or external aggression, and not on the ground of armed rebellion. Article 3591 empowers the President to declare, by order, that the right to move any court for the enforcement of such of the rights conferred by Part III as may be mentioned in the order, except Articles 20 and 21, shall remain suspended.

A Under Article 358 only Article 21 is suspended, while Article 359 permits the suspension of all fundamental rights.

B Article 358 automatically suspends Article 19 where the emergency is declared on the ground of war or external aggression, while Article 359 empowers the President, by order, to suspend the right to move any court, except Articles 20 and 21.

C Article 358 suspends Articles 20 and 21 during an emergency, while Article 359 suspends Article 19.

D Both Articles 358 and 359 suspend all fundamental rights, including the protections in Articles 20 and 21.

Practice Next