GK Question

polity hard fill_blank

Under Article 358, during a National Emergency, suspension of Article 19 freedoms applies only to laws/restrictions related to ______ purposes, not arbitrary restrictions unrelated to Emergency.

  1. political
  2. Emergency
  3. economic
  4. administrative

Answer: Emergency

Article 19 suspension scope during Emergency: (a) Article 358 text: During Emergency, Article 19 freedoms automatically suspended for duration of Emergency, (b) Scope limitation: (i) Applies only to laws/restrictions related to Emergency purposes (war, external aggression, armed rebellion), (ii) Does not permit arbitrary restrictions unrelated to Emergency (e.g., political suppression, censorship unrelated to crisis), (iii) Judicial review: Courts can examine whether restrictions genuinely related to Emergency purposes, not political pretext, (c) 44th Amendment safeguard (1978): Reinforced scope limitation; courts more willing to strike down restrictions unrelated to Emergency, (d) Applications: (i) 1962, 1971 Emergencies: Restrictions on speech, assembly related to defence, security, (ii) Post-1978: Courts examine whether restrictions genuinely related to Emergency, not political suppression, (e) Illustrates calibrated rights suspension: Enabling crisis response while preventing arbitrary rights suppression; balance between national security and individual liberty through scope limitation, judicial oversight.

Topic Article 352 - Emergency and Article 19 Suspension Scope
Exam Relevance Article 19 suspension scope critical for UPSC Mains and Judiciary exams