With respect to emergency provisions in India, consider the following statements:
- Fundamental Rights under article 19 can be suspended only under national emergency declared on grounds of war, external aggression and armed rebellion
- Enforcement of all the fundamental rights can be suspended for a period specified by president during national emergency.
Which of the above statements is/are correct?
Both the statements are incorrect
44th amendment act of 1978 restricted the scope of article 358 due to which fundamental rights under article 19 gets automatically suspended only on grounds of War or external aggression and not on grounds of armed rebellion.
Article 359 empowers the President to suspend the enforcement of all fundamental rights (except those guaranteed by article 20 and article 21) for period as specified by president during national emergency on ground on war, external aggression and armed rebellion. The restriction on article 359 over article 20 and 21 was on account of 44th amendment act 1978.
This question is a part of GKToday's Integrated IAS General Studies Module