Discussion
Identify the right statement/s from the list given below.
1. With the proclamation of Art. 358 Article 19 will be automatically suspended.
2. With the proclamation of Art. 359 Article 19 will be automatically suspended.
3. The constitutionality of a declaration of emergency can be questioned in court.
4. Art. 360 has been used three times since independence.
Answer: B
Statements 1 and 3 are right, so the answer is 1 and 3.
1 is right: under Article 358, the freedoms of Article 19 are suspended automatically when an emergency is proclaimed on grounds of war or external aggression. 3 is right: after the 44th Amendment (1978), a proclamation of emergency can be challenged in court, and the courts have held it reviewable on grounds such as mala fides.
2 is wrong: Article 359 does not suspend anything automatically; the President must issue an order suspending the right to move the courts for specified rights. 4 is wrong: a financial emergency under Article 360 has never been declared.
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