Discuss the impact of the proclamation of National Emergency on Fundamental Rights in India. Also, highlight the various Supreme Court judgments in this context.
Main Body
Article 352 of Constitution empowered president to proclaim national emergency in case there is threat to sovereignty of nation due to war, external aggression or armed rebellion. Impact of proclamation of National Emergency on rights (1) Article 358 asks for automatic suspension of rights under Article 19 in case of Emergency on ground of internal forces (2) Article 359 asks for suspension by proclamation during National Emergency (3) Article 20 and 21 cannot be taken Supreme Court Judgement (1) In ADM Jabalpur case, H.P. Khanna held that personal liberty is paramount, even during emergency (2) In Minerva Mills Case (1980) SC held that Article 20 and 21 can not be suspended in emergency (3) Emergency only suspends enforced for time period and people can claim violation of rights during emergency, once period gets over
Pakshal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Emergency Provisions
Emergency Provisions
134
Total words
1
Paragraphs