2017 · Q65
The Fundamental Rights guaranteed in the Constitution of India can be suspended only by
General KnowledgeIndian Polity and Governance
- Aa proclamation of National Emergency
- Ban Act passed by the Parliament
- Can amendment to the Constitution of India
- Dthe judicial decisions of the Supreme Court
Explanation
Under Article 352, a proclamation of National Emergency (on grounds of war, external aggression or armed rebellion) empowers the President, under Article 359, to suspend the right to move the courts for the enforcement of Fundamental Rights (Articles 20 and 21 being excepted by the 44th Amendment). Parliament cannot suspend Fundamental Rights by ordinary legislation, no amendment can do it outside the emergency framework, and the judiciary has no such power. The President during a National Emergency is the correct answer.