When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except
- A.Article 20 and Article 21
- B.Article 21 and Article 22
- C.Article 19 and Article 20
- D.Article 15 and Article 16
Correct answer
Explanation
The correct answer is A, Article 20 and Article 21. Since the 44th Amendment, the President cannot suspend the right to move a court for enforcing Articles 20 and 21, even during a national emergency.
Under Article 359, during a Proclamation of Emergency the President may by order suspend the right to approach courts for the enforcement of Fundamental Rights. After the excesses of the 1975–77 Emergency, the 44th Constitutional Amendment Act, 1978 made an exception for Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty). Separately, Article 358 suspends Article 19 automatically, but only in an emergency declared on the ground of war or external aggression.
Option B is wrong because Article 22 (protection against arrest and detention) can be suspended. Option C is wrong because Article 19 is suspended under Article 358. Option D is wrong because Articles 15 and 16 have no such protection.
Exam tip: Articles 20 and 21 can never be suspended (44th Amendment, 1978); Article 358 suspends Article 19, Article 359 the others.
Practice Questions
View allWith reference to the election of the President of India, consider the following statements : 1. The value of the vote of each MLA varies from State to State. 2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha. Which of the statements given above is/are correct ?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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An MLA's vote value depends on the State's population, but every elected MP, in either House, has the same vote value.
Read the full explanation →Regarding Money Bill, which of the following statements is not correct ?
- A.A bill shall be deemed to be a Money Bill if it contains only provisions relating to imposition, abolition, remission, alteration or regulation of any tax.
- B.A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India.
- C.A Money Bill is concerned with the appropriation of moneys out of the Contingency Fund of India.
- D.A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India.
Show answer
A Money Bill covers appropriation of money out of the Consolidated Fund of India, not out of the Contingency Fund, so statement C is the incorrect one.
Read the full explanation →With reference to 'Scheduled Areas' in India, consider the following statements : 1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President. 2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block. 3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States. How many of the above statements are correct?
- A.Only one
- B.Only two
- C.All three
- D.None
Show answer
Statements 1 and 2 are correct; statement 3 is wrong because the annual report comes from the Governor and goes to the President.
Read the full explanation →Consider the following features :
1. Consent of the governed
2. Political equality
3. Accountability of the ruled to the ruler
Which of the above feature/features outline democratic rule ?
- A.1 and 2 only
- B.2 and 3 only
- C.1, 2 and 3
- D.3 only
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Democracy rests on the consent of the people and their equal political rights, while accountability runs from the rulers to the ruled, not the other way round.
Read the full explanation →Which of the following statements about Section 8 of the RTI Act, 2005 is correct?
- A.It lists the categories of information exempt from disclosure
- B.It provides for the appointment of Public Information Officers
- C.It prescribes the penalty for delay in furnishing information
- D.It establishes the State Information Commissions
Show answer
Section 8(1) lists ten categories of information that a public authority is not obliged to disclose, among them information affecting the sovereignty and integrity of India, strategic and security interests, foreign relations, commercial confidence and trade secrets, information held in a fiduciary relationship, and personal information with no relation to…
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