Suspension of Rights Practice Questions
20 free Suspension of Rights practice questions for the Indian Polity. Tap an option to answer — you get instant feedback, the correct answer, and a detailed explanation for every question.
Under Article 358, which Fundamental Right is automatically suspended when a proclamation of National Emergency is made on the ground of war or external aggression?
- A Article 19
- B Article 14
- C Article 21
- D Article 32
Correct answer: Article 19
Article 358 provides for the automatic suspension of the six freedoms guaranteed by Article 19 as soon as the emergency is proclaimed. This suspension remains in force for the entire duration of the emergency.
The automatic suspension of Article 19 under Article 358 does NOT occur if the National Emergency is declared on the ground of:
- A War
- B External Aggression
- C Foreign Invasion
- D Armed Rebellion
Correct answer: Armed Rebellion
The 44th Amendment Act of 1978 restricted Article 358 to external emergencies only. Therefore, if an emergency is declared due to 'armed rebellion', the rights under Article 19 are not automatically suspended.
Which Article empowers the President to suspend the right to move any court for the enforcement of specified Fundamental Rights during an emergency?
- A Article 352
- B Article 356
- C Article 358
- D Article 359
Correct answer: Article 359
Article 359 authorizes the President to suspend the enforcement of the Fundamental Rights named in a specific Presidential Order. Unlike Article 358, the rights themselves are not suspended, only their legal remedy.
Following the 44th Amendment Act, which two Fundamental Rights can NEVER be suspended by a Presidential Order under Article 359?
- A Articles 14 and 19
- B Articles 20 and 21
- C Articles 21 and 22
- D Articles 25 and 26
Correct answer: Articles 20 and 21
The 44th Amendment prohibited the President from suspending the right to move the court for the enforcement of Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty).
What is the primary difference between Article 358 and Article 359 regarding the scope of territory?
- A Article 358 applies to all of India; Article 359 can apply to a part
- B Article 359 applies only to Union Territories affected by the emergency
- C Article 358 applies only to the border states under attack
- D Both apply only to the specific area where the conflict is currently occurring
Correct answer: Article 358 applies to all of India; Article 359 can apply to a part
Article 358 always extends to the entire country. In contrast, an order under Article 359 can be limited in its application to the whole of India or any specific part of it.
Under Article 358, for how long do the rights under Article 19 remain suspended?
- A For six months
- B For the entire period of the emergency
- C Until the Parliament passes a resolution
- D Until the President issues a separate order
Correct answer: For the entire period of the emergency
The suspension of Article 19 under Article 358 is concurrent with the duration of the emergency. Once the proclamation of emergency expires, the rights under Article 19 automatically revive.
A Presidential Order issued under Article 359 must be laid before:
- A The Supreme Court of India
- B The Prime Minister's Office
- C Each House of Parliament
- D The Inter-State Council
Correct answer: Each House of Parliament
According to the Constitution, every order made under Article 359 must be laid before both the Lok Sabha and the Rajya Sabha as soon as possible after it is made for parliamentary oversight.
When Article 19 is suspended under Article 358, the State is freed from the restrictions imposed by Article 19 while making:
- A Only Executive orders and administrative directions
- B Only Legislative laws passed by Parliament or state legislatures
- C Both Legislative and Executive actions
- D Judicial precedents and case law interpretations
Correct answer: Both Legislative and Executive actions
The suspension allows the State (both Legislature and Executive) to make laws or take actions that would otherwise be inconsistent with Article 19. Any such law ceases to have effect once the emergency is over.
According to the 44th Amendment, laws made during an emergency are protected from judicial challenge only if they contain a recital stating they are:
- A Passed by a 2/3rd majority of both Houses
- B In relation to the Proclamation of Emergency
- C Approved by the Chief Justice of India
- D Temporary in nature and automatically expiring
Correct answer: In relation to the Proclamation of Emergency
To prevent the misuse of emergency powers for unrelated legislation, the 44th Amendment mandated that only laws containing a specific recital about their relation to the emergency are immune from challenge.
In which landmark case did the Supreme Court initially rule that even the right to life (Article 21) could be suspended during an emergency, a view later corrected by the 44th Amendment?
- A A.K. Gopalan Case
- B ADM Jabalpur v. Shivkant Shukla
- C Kesavananda Bharati Case
- D Maneka Gandhi Case
Correct answer: ADM Jabalpur v. Shivkant Shukla
The ADM Jabalpur case (1976), often called the Habeas Corpus case, controversially held that during an emergency, a person's right to approach the court for enforcement of Article 21 is suspended. This was effectively nullified by the 44th Amendment.
What happens to the laws that were inconsistent with Article 19 after a National Emergency (under Article 358) ceases to operate?
- A They remain valid indefinitely
- B They become void immediately upon cessation
- C They are automatically referred to the Supreme Court
- D They remain valid only for pending cases
Correct answer: They become void immediately upon cessation
As soon as the emergency ceases, Article 19 is revived, and any law made during the emergency that was inconsistent with it becomes void to the extent of the inconsistency.
Under Article 359, the duration of the suspension of enforcement of rights is decided by:
- A The Chief Justice of India
- B The Parliament
- C The President in the Order
- D The Governor of the affected state
Correct answer: The President in the Order
The President specifies the period for which the enforcement of specific Fundamental Rights shall remain suspended in the actual Presidential Order issued under Article 359.
Article 358 is concerned with which part of the Constitution?
- A The whole of Part III
- B Only Article 19
- C Articles 14 through 18
- D The Preamble
Correct answer: Only Article 19
Article 358 is specifically and exclusively concerned with the suspension of Fundamental Rights guaranteed by Article 19.
Which Article provides for 'suspension of enforcement of rights' rather than 'suspension of rights'?
- A Article 352
- B Article 358
- C Article 359
- D Article 360
Correct answer: Article 359
Article 359 does not suspend the Fundamental Rights themselves; they continue to exist. It only suspends the remedy (the right to move the court) for their enforcement.
The suspension of Fundamental Rights during an emergency is a feature borrowed from the constitution of which country?
- A USA
- B USSR
- C Germany
- D Canada
Correct answer: Germany
The provision for the suspension of Fundamental Rights during an emergency in the Indian Constitution was influenced by the Weimar Constitution of Germany.
If a law made under the emergency provisions is challenged after the emergency, actions taken under it DURING the emergency:
- A Can be prosecuted in criminal courts
- B Must be compensated by the State
- C Are automatically nullified
- D Are protected from challenge
Correct answer: Are protected from challenge
Both Articles 358 and 359 provide that no remedy lies for anything done or omitted to be done during the emergency under a law related to the emergency, even after the emergency has expired.
Which of the following describes the relationship between Article 358 and Article 359?
- A Article 358 is automatic, while Article 359 requires a specific order
- B They are mutually exclusive
- C Article 359 is automatic, while Article 358 requires a specific order
- D Article 358 only applies to Financial Emergencies
Correct answer: Article 358 is automatic, while Article 359 requires a specific order
Article 358 operates automatically as soon as an external emergency is declared. Article 359 does not operate automatically; the President must specify which rights' enforcement is to be suspended.
Under Article 359, can the President suspend the right to move the Supreme Court under Article 32?
- A Yes, for the enforcement of the specified rights in the order
- B No, Article 32 is a basic feature of the Constitution
- C Only with the prior consent of the Chief Justice of India
- D Only during a formally declared civil war
Correct answer: Yes, for the enforcement of the specified rights in the order
Article 359 specifically allows the President to suspend the right to move any court (including the SC under Art 32) for the enforcement of the Fundamental Rights mentioned in the Presidential Order.
The power of the State to ignore Fundamental Rights during an emergency is limited to:
- A Only laws and executive actions related to the emergency
- B All laws passed by the legislature during the emergency period
- C Only provisions under the Indian Penal Code
- D Only provisions under the Criminal Procedure Code
Correct answer: Only laws and executive actions related to the emergency
The 44th Amendment ensures that the 'immunity' from Fundamental Rights only applies to laws containing a recital that they are in relation to the emergency and executive actions taken under such laws.
Which Amendment Act made the suspension of Article 19 under Article 358 conditional on 'External Emergency'?
- A 24th Amendment Act
- B 38th Amendment Act
- C 42nd Amendment Act
- D 44th Amendment Act
Correct answer: 44th Amendment Act
The 44th Amendment Act (1978) introduced this safeguard to ensure that internal disturbances (armed rebellion) do not lead to the automatic loss of freedom of speech and other rights under Article 19.