Difficulty: Easy
Correct Answer: President of India
Explanation:
Introduction / Context:
Fundamental Rights are protected freedoms guaranteed by the Constitution of India. However, in exceptional situations such as a national emergency, some of these rights can be suspended. Understanding who has the constitutional power to order such a suspension is essential for grasping the balance between civil liberties and national security. This question tests the learner awareness of emergency provisions and the role of the President in the constitutional scheme.
Given Data / Assumptions:
Concept / Approach:
Under Articles 352, 358, and 359, the President of India has the authority to proclaim an emergency and to issue orders that affect the enforcement of certain Fundamental Rights. Although such proclamations are subject to parliamentary approval and judicial review, the formal act of proclamation and related orders comes from the President. The Supreme Court interprets the legality of such actions, and Parliament approves and can revoke emergencies, but neither directly issues the suspension orders in the constitutional text.
Step-by-Step Solution:
Step 1: Recall that a national emergency is proclaimed by the President under Article 352 when there is a threat to the security of India or part of it.Step 2: Remember that during such emergencies, Article 358 and Article 359 allow certain Fundamental Rights to be suspended or their enforcement to be restricted.Step 3: Note that these orders are issued in the name of the President, who is the formal executive head of the Union.Step 4: Understand that Parliament must approve the proclamation, but the question is asking which authority suspends the rights as per the Constitution.Step 5: Conclude that the President of India is the correct answer.
Verification / Alternative check:
To verify, one can examine the wording of Articles 352, 358, and 359 in standard polity texts. They consistently mention that the President may by order declare suspension of the enforcement of certain rights during emergencies. The role of Parliament is to approve and extend the emergency, but it does not directly issue the suspension orders. The Supreme Court reviews these actions if challenged, which confirms that the President is the formal authority exercising this power.
Why Other Options Are Wrong:
The Supreme Court of India protects Fundamental Rights and can strike down unconstitutional actions but does not itself suspend these rights as part of emergency powers. Union Parliament debates and approves emergency proclamations but does not directly issue the orders under Articles 358 and 359. The Governor has emergency related powers in a state under President rule situations but does not suspend Fundamental Rights. The Prime Minister leads the Council of Ministers and advises the President, yet the constitutional power is exercised in the name of the President, not directly by the Prime Minister.
Common Pitfalls:
Many students think that Parliament, being the supreme law making body, must be the authority suspending rights. Others assume that the Supreme Court has this power because it decides constitutional questions. It is important to remember that the Constitution assigns different roles: Parliament approves, the Supreme Court reviews, and the President formally proclaims the emergency and related orders. Anchoring this division of responsibilities clearly in memory helps answer such questions correctly.
Final Answer:
President of India
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