National Emergency And Rights
National emergencies allow the executive to suspend most constitutional liberties. The forty-fourth amendment strictly shields Article 20 and Article 21 from presidential suspension mechanisms.
Primary Reference: Standard Educational Reference
Target: UPSC Prelims
Updated:
Difficulty
Medium
Skill Tested
Factual Recall
Examine the logical coherence between the following emergency directives and constitutional amendments:
1. Evidence 1: A National Emergency is proclaimed, and the President issues an order suspending the enforcement of Part III rights. Inference 1: The citizen immediately loses the constitutional right to practice their chosen religion under Article 25.
2. Evidence 2: The 44th Amendment Act of 1978 introduced severe restrictions on the scope of Article 359. Inference 2: Consequently, the executive branch cannot legally suspend the enforcement of Article 20 and Article 21 under any emergency condition.
3. Evidence 3: During an emergency, a new law is passed that is completely unrelated to managing the crisis. Inference 3: This specific law enjoys blanket immunity and cannot be challenged in court for violating Fundamental Rights.
Detailed Solution & Context
Consider the following Assertion and Reasons:
1. Assertion (A): Even during an active war resulting in a National Emergency, a citizen retains the constitutional right to seek judicial protection against arbitrary deprivation of life.
2. Reason (R1): The 44th Constitutional Amendment Act explicitly forbade the President from suspending the right to move the courts for the enforcement of Article 21.
3. Reason (R2): The Constitution dictates that National Emergencies only suspend economic rights, leaving all civil and political liberties completely intact.
Detailed Solution & Context
Imagine you are a High Court judge during a proclaimed National Emergency. A citizen files a writ petition because the state arrested them under an emergency-related law and attempts to prosecute them twice for the same offense (Double Jeopardy). The state argues that the emergency order suspended all Fundamental Rights, demanding you dismiss the petition. How do you rule?
1. Statement 1: Dismiss the petition, as a National Emergency grants the President absolute power to suspend all rights under Part III, including protection against double jeopardy.
2. Statement 2: Uphold the petition, because the 44th Amendment ensures that Article 20 (protection in respect of conviction) cannot be suspended, regardless of the emergency.
3. Statement 3: Dismiss the petition, because while Article 21 is protected, Article 20 is fully suspended during emergencies.
Detailed Solution & Context
Consider the following statements regarding the suspension of liberties during a National Emergency:
1. The executive branch possesses the authority to suspend the enforcement of the freedom of religion (Article 25) during a crisis.
2. The 44th Amendment Act fundamentally altered Article 359, providing an indestructible shield for Articles 20 and 21.
3. During an emergency, any legislative act passed by Parliament becomes totally immune to judicial review, regardless of its relevance to the crisis.
4. The Right to Life and Personal Liberty remains active and enforceable even if the nation is under severe external aggression.
Detailed Solution & Context
Thus, exactly three statements are correct.
🚨 The Examiner's Trap
Candidates often assume that a National Emergency grants the executive absolute, dictatorial power to suspend all Fundamental Rights, failing to account for the crucial historical checks introduced by the 44th Amendment.
⚡ Quick Revision
Concept Flow Mapping
Logic Quest
"Under Article 359, can the President of India issue an order suspending the enforcement of the Right to Life?"
Topic Clusters