GK Question

polity medium true_false

Under Article 358, during a National Emergency, Fundamental Rights under Article 19 (freedoms of speech, assembly, etc.) are automatically suspended for the duration of Emergency, without requiring separate Presidential order.

  1. True
  2. False

Answer: True

Article 19 automatic suspension: (a) Article 358 text: During Emergency, Article 19 freedoms automatically suspended for duration of Emergency, (b) Key features: (i) Automatic suspension: No separate Presidential order required (unlike Article 359 for other rights), (ii) Scope: Applies only to laws/restrictions related to Emergency purposes (war, external aggression, armed rebellion), (iii) Duration: Suspension lasts for Emergency duration; Article 19 freedoms automatically restored post-Emergency, (c) 44th Amendment safeguard (1978): Suspension applies only to laws/restrictions related to Emergency; unrelated restrictions remain subject to judicial review, (d) Applications: (i) 1962, 1971 Emergencies: Restrictions on speech, assembly related to defence, security, (ii) Post-1978: Courts examine whether restrictions genuinely related to Emergency, not political suppression, (e) Illustrates calibrated rights suspension: Enabling crisis response while preventing arbitrary rights suppression; balance between national security and individual liberty through scope limitation, judicial oversight.

Topic Article 352 - Automatic Suspension of Article 19
Exam Relevance Article 19 automatic suspension frequently asked in UPSC and SSC exams