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If the President of India issues proclamation under Article 352 of the Constitution of India declaring that the security of India or any part of the territory thereof is threatened by 'war' or by 'external aggression', which of the following consequences ensue ?

  • A.Only the fundamental rights guaranteed under Article 19 stand suspended automatically
  • B.All fundamental rights guaranteed under Part - III of the Constitution stand automatically suspended
  • C.All fundamental rights guaranteed under Part - III of the Constitution (except Articles 20 and 21) stand automatically suspended
  • D.None of the above

Answer: A

The consequence is that only the fundamental rights guaranteed under Article 19 stand suspended automatically.

Under Article 358, when a proclamation of emergency is made on the ground of war or external aggression, the freedoms of Article 19 are automatically suspended for its duration. Since the 44th Amendment, this does not happen when the emergency is declared on the ground of armed rebellion.

The other fundamental rights are not suspended automatically. Under Article 359 the President may, by a separate order, suspend the right to move the courts for enforcing particular rights, and even then Articles 20 and 21 cannot be suspended. So the options of automatic suspension of all of Part III are wrong.

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