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 are 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 are suspended and other Fundamental Rights cannot be suspended

Answer 1

Hint: The President can declare a national emergency when the security of India or a part of it is threatened by armed rebellion or war or external aggression under Article 352. If the President is satisfied that there is an imminent danger, he can declare a national emergency even before the actual occurrence of armed rebellion or war or external aggression.

Complete answer:
The effect of a National Emergency on the Fundamental Rights is described by Articles 358 and 359. Articles 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
According to Article 358, the six Fundamental Rights under Article 19 are automatically suspended when a proclamation of national emergency is made. The scope of Article 358 was restricted by the 44th Amendment Act of 1978 in two ways. Firstly, under Article 19, when the National Emergency is declared on the ground of war or external aggression, the six Fundamental Rights can only be suspended on that ground and not on the ground of armed rebellion. Secondly, the laws which are related to the Emergency are the only ones that are protected from being challenged and not other laws. Also, only under such a law, the executive action taken is protected.
According to Article 359, the president is authorized to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. The scope of Article 359 was restricted by the 44th Amendment Act of 1978 in two ways. Firstly, the right to move the Court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21 cannot be suspended by the President. Secondly, the laws which are related to the emergency are the ones that are protected from being challenged and no other laws and only under such a law, the executive action taken is protected.

Thus, option (C) is correct.

Note: The 44th Amendment Act of 1978 introduced a safeguard that emergency can be declared not merely on the advice of the Prime Minister, but a written recommendation is also required from the cabinet.