Difficulty: Easy
Correct Answer: During a proclaimed national emergency such as war or external aggression
Explanation:
Introduction / Context:
The Constitution of India guarantees Fundamental Rights, but it also provides for exceptional situations when the enjoyment or enforcement of some of these rights can be restricted or suspended. This usually happens under the emergency provisions of the Constitution. Understanding when and how rights can be suspended is important for appreciating both the strength and the limits of civil liberties in India. This question asks you to identify the specific situation in which some Fundamental Rights can be suspended.
Given Data / Assumptions:
Concept / Approach:
Under Articles 352, 358, and 359 of the Constitution of India, the President may proclaim a national emergency in case of war, external aggression, or armed rebellion. During such an emergency, certain Fundamental Rights, or at least their enforcement, can be suspended or restricted in accordance with these Articles. Ordinary events like elections, festivals, or even many natural disasters do not automatically lead to suspension of Fundamental Rights. They may involve some reasonable restrictions under ordinary law, but not a formal constitutional suspension of rights.
Step-by-Step Solution:
Step 1: Recall that a national emergency can be proclaimed under Article 352 in the event of war, external aggression, or armed rebellion.Step 2: Remember that Articles 358 and 359 allow for suspension of certain Fundamental Rights or their enforcement during such emergencies.Step 3: Check the options and identify which one mentions war or a similar emergency situation.Step 4: Observe that festivals, elections, and floods do not automatically trigger a constitutional emergency.Step 5: Conclude that the correct answer is a proclaimed national emergency such as war or external aggression.
Verification / Alternative check:
You can verify by recalling historical examples such as the national emergency declared in the mid nineteen seventies. During that period, the enforcement of certain Fundamental Rights, such as the right to move courts for some rights, was restricted through presidential orders. No similar blanket suspension of rights occurs merely because elections are held or floods take place. This confirms that emergencies linked to war, external aggression, or armed rebellion are the relevant circumstances.
Why Other Options Are Wrong:
Religious festivals may require temporary traffic regulations or crowd control, but they do not lead to suspension of Fundamental Rights. Elections involve some restrictions like model code of conduct, yet rights remain in force and are essential for free and fair voting. Natural disasters such as floods may lead to temporary administrative measures, but there is no automatic constitutional suspension of rights. Ordinary financial crises of the government are also dealt with through budgeting and policies, not through emergency suspension of rights.
Common Pitfalls:
Many learners confuse reasonable restrictions on rights with constitutional suspension of rights. For example, a curfew during a riot is a restriction under ordinary law, not a suspension under the emergency provisions. To avoid this confusion, it is important to connect suspension of Fundamental Rights specifically with the national emergency framework provided by the Constitution and not with every difficult situation the country faces.
Final Answer:
During a proclaimed national emergency such as war or external aggression
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