The Fundamental Rights guaranteed in the Constitution of 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
Correct answer
Explanation
The correct answer is A, a proclamation of National Emergency. Only during a National Emergency under Article 352 can the enforcement of Fundamental Rights be suspended.
When a National Emergency is proclaimed, Article 358 automatically suspends the freedoms of Article 19, but only when the emergency is declared on the ground of war or external aggression, not armed rebellion. Article 359 lets the President, by order, suspend the right to move the courts for the enforcement of other Fundamental Rights. Since the 44th Amendment of 1978, the rights under Articles 20 and 21 cannot be suspended even during an emergency.
Option B is wrong because an ordinary Act of Parliament that takes away Fundamental Rights is void under Article 13. Option C is wrong because a constitutional amendment can modify rights, but it amends them permanently rather than suspending them, and it cannot destroy the basic structure. Option D is wrong because the Supreme Court is the protector of Fundamental Rights and enforces them through writs under Article 32.
Exam tip: Art 358 suspends Art 19 automatically; Art 359 suspends enforcement by presidential order; Arts 20 and 21 never.
Practice Questions
View allThe right to form associations and unions is a right
- A.guaranteed to everybody
- B.to freedom guaranteed to citizens only
- C.to equality before law
- D.to life and personal liberty
Show answer
The right to form associations or unions is part of Article 19, and Article 19 rights belong only to citizens of India.
Read the full explanation →Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct?
- A.The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
- B.All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
- C.The Commission, while investigating any matter, has all the powers of a Civil Court.
- D.The Commission has the power to regulate its own procedures.
Show answer
It is not correct, because the President causes the Commission's reports to be laid before each House of Parliament, not only before the Lok Sabha.
Read the full explanation →Which of the following statements with regard to the conduct of elections in India is/are not correct? 1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India. 2. The Model Code of Conduct comes into existence as soon as the date of the election is announced. 3. The laws relating to delimitation of constituencies are made by the Election Commission of India. 4. No election shall be called in question except by an election petition. Select the correct answer using the code given below.
- A.3 only
- B.1, 2 and 4
- C.1, 2 and 3
- D.4 only
Show answer
Statement 3 is the only incorrect one, because laws on the delimitation of constituencies are made by Parliament, not by the Election Commission.
Read the full explanation →Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?
- A.It was inserted by the Constitution (First Amendment) Act, 1951.
- B.The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.
- C.The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.
- D.The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
Show answer
It is not correct, because Article 31B says the opposite: an Act placed in the Ninth Schedule shall not become void merely because it is inconsistent with a fundamental right in Part III.
Read the full explanation →The Sixth Schedule of the Constitution of India pertains to the administration of tribal areas in which of the following States?
- A.Assam, Meghalaya, Tripura and Mizoram
- B.Meghalaya, Tripura, Manipur and Mizoram
- C.Assam, Manipur, Meghalaya and Tripura
- D.Manipur, Meghalaya, Tripura and Arunachal Pradesh
Show answer
The Sixth Schedule covers the administration of tribal areas in exactly these four north-eastern states.
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