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Law · Q1122

Constitution Of India

Graduate and Post Graduate · Law · question 1122

Q1122

Which Article of the Constitution becomes automatically suspended on the proclamation of emergency under Article 352?

A.
Article 21
B.
Article 19
Answer
C.
Article 32
D.
None of the above

Answer: Option B

Solution

Answer: Option B
Solution:
Article 352: This article deals with the proclamation of a national emergency.
A national emergency can be declared due to war, external aggression, or armed rebellion.

Article 19: This article guarantees certain fundamental freedoms like freedom of speech, assembly, and movement.
Article 358: Specifically states that when a national emergency is declared under Article 352 based on war or external aggression, Article 19 is automatically suspended.
Article 21: This protects the right to life and personal liberty. It cannot be suspended even during an emergency.
Article 32: This article guarantees the right to constitutional remedies, meaning the right to approach the Supreme Court if your fundamental rights are violated.
While the right to move the court for enforcement of fundamental rights (including those under Article 32) can be suspended during an emergency (Article 359), Article 32 itself isn't automatically suspended.

Therefore, the correct answer is Option B: Article 19 because Article 19 is directly and automatically suspended under the specific conditions of Article 358, which relates to emergencies declared due to war or external aggression under Article 352.