GK Question

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Article 358 automatically suspends Article 19 freedoms during National Emergency on grounds of war or external aggression, but Article ______ requires a separate Presidential order to suspend enforcement of other Fundamental Rights.

  1. 356
  2. 359
  3. 360
  4. 361

Answer: 359

FR suspension mechanisms: (a) Article 358: Automatic suspension of Article 19 freedoms (speech, assembly, etc.) only when Emergency proclaimed on war/external aggression grounds (not armed rebellion); suspension lasts for Emergency duration; laws made during suspension remain valid even after Article 19 revival, (b) Article 359: Requires separate Presidential order to suspend enforcement of specified FRs (except Articles 20-21 after 44th Amendment); order must specify rights and territory; subject to Parliamentary approval, (c) Distinction: Article 358 is automatic and limited to Article 19; Article 359 is discretionary and can cover multiple FRs, (d) Safeguards: 44th Amendment made Articles 20-21 non-suspendable under Article 359. Illustrates nuanced rights balancing: some freedoms automatically restricted during existential threats; core rights always protected.

Topic Emergency Powers - Article 358 vs 359
Exam Relevance Emergency rights suspension technicality critical for UPSC Mains and Judiciary exams
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