Question

When proclamation of emergency is issued by the President under Article 352 of the constitution of India___________.
A. Fundamental rights are automatically suspended.
B. The freedom under Article 19 is automatically suspended and other Fundamental Rights can be suspended by an order of the President.
C. The freedoms under Article 19 are automatically suspended and other Fundamental Rights except those under Article 20 and 21, can be suspended by an order of the President.
D. Only freedom under Article 19 is suspended and other Fundamental Rights cannot be suspended.

Answer 1

Hint: Under Article 352 of the constitution, the provision of National emergency is provided ,it deals with the constitutional provisions to be applied . Whenever there is such a situation which threatens or hampers the peace , security and stability of the country.

Complete answer:
The president is allowed to suspend Fundamental Rights except Article 20 and 21.During a National emergency, Article 20 which states protection in respect of conviction for offence and article 21 which states protection of life and personal liberty can not be suspended. Article 352 provides a provision whenever war, External aggression or internal rebellion occurs. National emergency can be proclaimed even when there is possibility of any such situation of external aggression . National emergency is renewed by the approval of Parliament after every 6 months.There are number of effects of Proclamation of emergency:
According to the Article 353 (b) the laws can be made by union Parliament relating to the matters in the state list.
Article 354, states that the centre can alter the distribution of revenue between state and the union.
During a national emergency, As per Article 358, article 19 can be suspended , however, Article 20 and 21 will not be affected.

Hence, the correct answer is option (C).

Note: The proclamation of emergency needs to be approved by both Houses of the Parliament by absolute majority , otherwise the proclamation will stop to process. The adverse effect of proclamation of emergency results in enforcement of Fundamental rights of people.