Question

The 'Fundamental Rights' guaranteed in the Constitution of India can be suspended during a National Emergency by whom?

• A. The Parliament of India
• B. The Supreme Court of India
• C. The President of India
• D. The Prime Minister of India

Hint:

Remember: Article 358 → Article 19 automatically suspended during Emergency (War/External Aggression). Article 359 → President may suspend the right to move courts for enforcement of specified Fundamental Rights. Articles 20 and 21 can never be suspended.

Answer 1

The Correct Option is C

Concept: The Constitution of India seeks to maintain a balance between individual liberty and national security. During extraordinary situations such as war, external aggression, or armed rebellion, certain constitutional provisions allow temporary restrictions on Fundamental Rights to ensure the protection of the nation. These powers are contained in Part XVIII of the Constitution dealing with Emergency Provisions.

Step-by-Step Analysis:

• National Emergency under Article 352: A National Emergency may be proclaimed by the President of India if the security of India or any part thereof is threatened by:

• War

• External Aggression

• Armed Rebellion
Once such an emergency is proclaimed, the constitutional relationship between the Union and the States changes significantly.

• Suspension of Fundamental Rights: The Constitution provides two important mechanisms:

• Article 358: During a National Emergency declared on grounds of war or external aggression, the freedoms guaranteed under Article 19 are automatically suspended.

• Article 359: The

President of India may issue an order suspending the right of citizens to move courts for enforcement of specified Fundamental Rights during the period of Emergency.
Therefore, the constitutional authority that actually issues the suspension order is the President of India.

• Important Safeguards Introduced by the 44th Constitutional Amendment (1978): To prevent misuse of Emergency powers, Parliament introduced important safeguards:

• Article 20 (Protection in respect of conviction for offences) cannot be suspended.

• Article 21 (Protection of life and personal liberty) cannot be suspended.

• Even during an Emergency, these rights remain enforceable.

• Why Other Options Are Incorrect:

• Parliament of India: Parliament approves the Emergency proclamation but does not directly suspend Fundamental Rights through executive orders.

• Supreme Court of India: The Court is the protector of Fundamental Rights but does not possess authority to suspend them.

• Prime Minister of India: The Prime Minister advises the President through the Council of Ministers but cannot independently suspend Fundamental Rights.

Hence, the constitutional authority empowered to suspend the enforcement of certain Fundamental Rights during a National Emergency is the

President of India.