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Under which article of constitution president can suspend fundamental rights ???????

Posted by Sonu 7 years, 4 months ago

CBSE > Class 10 > Social Science

1 answers

Yogita Ingle 7 years, 4 months ago

Articles 358 and 359 in part XVIII of the Constitution deals with this suspension of fundamental rights during National Emergency(An emergency due to war, external aggression or armed rebellion).

According to article 358, when the national emergency is declared on the ground of war or external aggression, the six rights under Article 19 are automatically suspended.
According to article 359, the president can suspend "the right to move any court for the enforcement of Fundamental Rights (except Articles 20 and 21)". This suspension relates to fundamental rights which are specified in the Presidential Order during declaration of emergency. (In this case fundamental rights are not suspended, but right to demand their enforcement)

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