Discussion
Which of the following statements is false with respect to emergency under the Constitution ?
Answer: B
The false statement is that during emergency the right to constitutional remedies is suspended for enforcement of all fundamental rights.
Since the 44th Amendment (1978), Article 359 does not allow the President to suspend the right to move the courts for enforcing Articles 20 and 21 (protection in respect of conviction, and life and personal liberty). So the suspension can never extend to all fundamental rights.
The other statements are true. Failure of the constitutional machinery in a State is the ground for President's Rule under Article 356, often called state emergency. Article 360 provides for financial emergency. So 'None of the above' is wrong.
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