Question

Articles 358 and 359 describe the effect of a National Emergency on Fundamental Rights. Which of the following providers are true regarding this? 

Options

• According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended.

• The 44th ·Amendment Act laid out that Artide 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.

• Both according to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended & the 44th ·Amendment Act laid out that Artide 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.  

• Neither according to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended nor the 44th Amendment Act laid out that Artide 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.   

Answer 1

Both according to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended & the 44th Amendment Act laid out that Artide 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.  

Explanation:

Articles 358 and 359 of the United Nations Charter explain the impact of a national emergency on fundamental rights. The following are the explanations for these two provisions:

1. Article 19 Suspension of Fundamental Rights: Accordi. According to Article 358, when a proclamation of national emergency is issued, the six fundamental rights guaranteed by Article 19 are automatically suspended; however, when the emergency ends, Article 19 is automatically reinstated.
2. The 44th Amendment Act stipulated that Article 19 can only be suspended when the National Emergency is declared on the basis of war or external aggression, not armed rebellion.
3. Suspension of other Fundamental Rights: During a National Emergency, the President has the authority to suspend, by order, the right to petition any court for the enforcement of Fundamental Rights. As a result, only corrective actions are suspended, not fundamental rights.