Q.

A law can be enacted, or executive order issued, even contrary to Article 19, during proclamation of emergency -

A. caused by war or external aggression
B. caused by internal armed rebellion
C. caused by constitutional breakdown
D. caused by financial crisis
Answer» A. caused by war or external aggression
Explanation: Article 358 protects both legislative and executive action taken after the proclamation of emergency. National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 UndoPakistan war), and 1975 (declared by Indira Gandhi to escape conviction). In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. It modifies the federal system of government to a unitary one.
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