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PakshalAIR 8· 2071

Question 9GS2GS2

Discuss the impact of the proclamation of National Emergency on Fundamental Rights in India. Also, highlight the various Supreme Court judgments in this context.

Open scan (p.15)

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

134 words1 paragraphs

Topper

Pakshal

AIR 82071

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Emergency Provisions

Emergency Provisions

Writing Stats

134

Total words

1

Paragraphs