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Fundamental Rights

Suspension of Fundamental Rights Practice Questions

20 free Suspension of Fundamental 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.

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Question 1 of 20 Medium

Under which Article can the President suspend the right to move any court for enforcement of Fundamental Rights during a National Emergency?

  1. A Article 19
  2. B Article 32
  3. C Article 358
  4. D Article 359

Correct answer: Article 359

Article 359 empowers the President to suspend the right to move any court for enforcement of specified Fundamental Rights during a National Emergency. This suspension applies only for the duration and scope mentioned in the Presidential Order.

Question 2 of 20 Medium

Which Fundamental Right is automatically suspended during a National Emergency declared on grounds of war or external aggression?

  1. A Article 14
  2. B Article 19
  3. C Article 21
  4. D Article 25

Correct answer: Article 19

Article 358 provides for the automatic suspension of the freedoms under Article 19 when a National Emergency is declared on grounds of war or external aggression. This suspension does not apply in cases of armed rebellion.

Question 3 of 20 Medium

After the 44th Constitutional Amendment, Articles 20 and 21 can be suspended during a National Emergency.

  1. A Yes, under all types of Emergency
  2. B Yes, but only during armed rebellion
  3. C No, they cannot be suspended
  4. D Yes, if Parliament approves

Correct answer: No, they cannot be suspended

The 44th Constitutional Amendment Act, 1978 ensured that Articles 20 and 21 cannot be suspended even during a National Emergency. This protects the right to life and protection in respect of conviction for offences.

Question 4 of 20 Medium

Article 358 applies only when a National Emergency is declared on which ground?

  1. A Internal disturbance
  2. B Armed rebellion
  3. C War or external aggression
  4. D Financial instability

Correct answer: War or external aggression

Article 358 applies only when the National Emergency is declared on grounds of war or external aggression. It does not apply when the Emergency is declared due to armed rebellion.

Question 5 of 20 Medium

The suspension of Fundamental Rights under Article 359 affects:

  1. A The existence of rights themselves
  2. B Only the enforcement of rights through courts
  3. C State Legislatures only
  4. D The Directive Principles

Correct answer: Only the enforcement of rights through courts

Article 359 suspends only the right to move courts for enforcement of specified Fundamental Rights. The rights themselves continue to exist but cannot be judicially enforced during the suspension.

Question 6 of 20 Medium

Which authority issues an order under Article 359 to suspend enforcement of Fundamental Rights?

  1. A Prime Minister
  2. B Chief Justice of India
  3. C President
  4. D Parliament

Correct answer: President

The President of India issues an order under Article 359 specifying which Fundamental Rights' enforcement is suspended. The order must relate to a proclaimed National Emergency.

Question 7 of 20 Medium

The 44th Constitutional Amendment restricted the scope of Article 358 by:

  1. A Extending it to all Fundamental Rights
  2. B Limiting it only to Article 19
  3. C Allowing states to suspend rights independently
  4. D Making it applicable to financial emergencies

Correct answer: Limiting it only to Article 19

The 44th Amendment clarified that Article 358 applies only to Article 19 and only during emergencies declared on grounds of war or external aggression. This reduced its earlier broader scope.

Question 8 of 20 Medium

During a National Emergency based on armed rebellion, which of the following rights remains enforceable unless specifically suspended?

  1. A Article 19
  2. B Article 32
  3. C Article 20
  4. D Article 14

Correct answer: Article 20

After the 44th Amendment, Articles 20 and 21 remain enforceable even during any type of National Emergency. They cannot be suspended through Article 359.

Question 9 of 20 Medium

The ADM Jabalpur case (1976) dealt primarily with:

  1. A Financial Emergency
  2. B Preventive detention during Emergency
  3. C Election disputes
  4. D Language policy

Correct answer: Preventive detention during Emergency

The ADM Jabalpur case concerned the suspension of habeas corpus during the 1975 Emergency. The Supreme Court held that the right to seek remedy for unlawful detention was suspended, a view later criticized and effectively overturned.

Question 10 of 20 Medium

Article 358 suspends the freedoms under Article 19:

  1. A Only in the area where Emergency is declared
  2. B Throughout India automatically
  3. C Only after judicial approval
  4. D Only if Parliament passes a law

Correct answer: Throughout India automatically

When a National Emergency is declared on grounds of war or external aggression, Article 19 freedoms are automatically suspended throughout India. No separate order is required.

Question 11 of 20 Medium

Which of the following cannot be suspended even during a National Emergency?

  1. A Right to freedom of speech
  2. B Right to equality
  3. C Right to life and personal liberty
  4. D Right to assemble peacefully

Correct answer: Right to life and personal liberty

Article 21, which guarantees the right to life and personal liberty, cannot be suspended after the 44th Amendment. This ensures basic protection of human rights even during emergencies.

Question 12 of 20 Medium

A law made during the suspension of Article 19 under Article 358 must:

  1. A Cease automatically after Emergency ends unless re-enacted
  2. B Remain permanently valid
  3. C Be approved by all states
  4. D Be reviewed by Supreme Court before enforcement

Correct answer: Cease automatically after Emergency ends unless re-enacted

Laws made during the suspension of Article 19 cease to have effect after the Emergency ends unless re-enacted. However, actions taken during the Emergency remain valid.

Question 13 of 20 Medium

Under Article 359, the President's order can suspend enforcement of:

  1. A All Fundamental Rights including Articles 20 and 21
  2. B Only Article 19
  3. C Specified Fundamental Rights except Articles 20 and 21
  4. D Directive Principles of State Policy

Correct answer: Specified Fundamental Rights except Articles 20 and 21

Article 359 allows suspension of enforcement of specified Fundamental Rights, but Articles 20 and 21 cannot be included after the 44th Amendment. The President must clearly specify the rights affected.

Question 14 of 20 Medium

Which type of Emergency does NOT lead to suspension of Fundamental Rights?

  1. A National Emergency
  2. B State Emergency
  3. C Emergency due to war
  4. D Emergency due to armed rebellion

Correct answer: State Emergency

State Emergency under Article 356 does not suspend Fundamental Rights. Suspension of certain rights is associated only with National Emergency under Article 352.

Question 15 of 20 Medium

The suspension of Article 19 under Article 358 affects:

  1. A Only executive actions
  2. B Only judicial actions
  3. C Legislative and executive actions
  4. D Directive Principles

Correct answer: Legislative and executive actions

During the suspension of Article 19 under Article 358, both legislative and executive actions inconsistent with Article 19 are protected. They cannot be challenged for violating Article 19 during that period.

Question 16 of 20 Medium

The 44th Amendment Act was significant in relation to suspension of Fundamental Rights because it:

  1. A Expanded suspension powers
  2. B Removed judicial review
  3. C Protected Articles 20 and 21 from suspension
  4. D Allowed states to suspend rights

Correct answer: Protected Articles 20 and 21 from suspension

The 44th Amendment ensured that Articles 20 and 21 cannot be suspended even during a National Emergency. This strengthened the protection of civil liberties.

Question 17 of 20 Medium

Which of the following best describes the effect of Article 359?

  1. A It abolishes Fundamental Rights temporarily
  2. B It suspends only court remedies for specified rights
  3. C It amends the Constitution permanently
  4. D It applies during Financial Emergency

Correct answer: It suspends only court remedies for specified rights

Article 359 does not abolish Fundamental Rights; it suspends the right to move courts for enforcement of specified rights. The rights themselves continue to exist.

Question 18 of 20 Medium

During a National Emergency, the Parliament's power over Fundamental Rights becomes:

  1. A Restricted
  2. B Expanded in certain respects
  3. C Transferred to states
  4. D Subject to referendum

Correct answer: Expanded in certain respects

During a National Emergency, Parliament gains expanded authority, especially regarding suspension of certain rights and legislative competence. However, core rights like Articles 20 and 21 remain protected.

Question 19 of 20 Medium

If a National Emergency is revoked, the suspension of enforcement of rights under Article 359:

  1. A Continues for six months
  2. B Ends immediately unless otherwise specified
  3. C Requires Supreme Court approval to end
  4. D Becomes permanent

Correct answer: Ends immediately unless otherwise specified

The suspension of enforcement under Article 359 ends once the Emergency ceases, unless a specific shorter period was mentioned in the Presidential Order. Judicial remedies are then restored.

Question 20 of 20 Medium

Which statement correctly distinguishes Article 358 from Article 359?

  1. A Article 358 requires a Presidential order, Article 359 does not
  2. B Article 358 automatically suspends Article 19, Article 359 requires a Presidential order
  3. C Both suspend all Fundamental Rights automatically
  4. D Article 359 applies only during Financial Emergency

Correct answer: Article 358 automatically suspends Article 19, Article 359 requires a Presidential order

Article 358 automatically suspends Article 19 during an Emergency declared on grounds of war or external aggression. Article 359, however, requires a Presidential order to suspend enforcement of specified Fundamental Rights.

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