Article 358 vs Article 359

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

Which article is confined to Fundamental Rights under Article 19 only?

  • Article 352
  • Article 358 (correct)
  • Article 360
  • Article 359

Which article empowers the president to suspend the enforcement of specified Fundamental Rights?

  • Article 359 (correct)
  • Article 352
  • Article 356
  • Article 358

Under which type of emergency does Article 358 operate?

  • Internal Emergency only
  • Financial Emergency
  • External Emergency only (correct)
  • Both Internal and External Emergency

For what duration does Article 358 suspend Fundamental Rights under Article 19?

<p>The entire duration of Emergency (A)</p> Signup and view all the answers

Which article's extent may be limited to a part of the country?

<p>Article 359 (C)</p> Signup and view all the answers

Which article does not empower the suspension of enforcement of Articles 20 and 21?

<p>Article 358 (C)</p> Signup and view all the answers

Under which article can the State make laws or take executive action inconsistent with Fundamental Rights whose enforcement is suspended by the Presidential Order?

<p>Article 359 (B)</p> Signup and view all the answers

What is a similarity between Article 358 and Article 359 during an emergency?

<p>Both provide immunity from challenge to only those laws related to the Emergency (C)</p> Signup and view all the answers

What condition must be met for executive action taken under a law related to the Emergency to be protected under both Article 358 and Article 359?

<p>It must be taken only under such a law (A)</p> Signup and view all the answers

Consider a scenario where an emergency is declared due to external aggression. Which article is automatically invoked, leading to a suspension of certain fundamental rights?

<p>Article 358, suspending rights under Article 19 (C)</p> Signup and view all the answers

During an internal emergency, which article empowers the President to suspend the enforcement of specific fundamental rights?

<p>Article 359, allowing selective suspension (B)</p> Signup and view all the answers

If the government enacts a new law specifically related to managing the challenges of an ongoing emergency, which article protects this law from being challenged for inconsistency Fundamental Rights?

<p>Both Article 358 and 359 (C)</p> Signup and view all the answers

An executive action taken during an emergency extends beyond the scope permitted by the emergency laws. Which article would offer protection to this executive action against legal challenges?

<p>Neither Article 358 nor 359 (B)</p> Signup and view all the answers

Which is an accurate comparison of the scope of Article 358 and Article 359 during a declared emergency?

<p>Article 358 automatically suspends Article 19, while Article 359 allows the President to suspend enforcement of specified Fundamental Rights. (D)</p> Signup and view all the answers

What is a key difference in the operational effect of Article 358 and Article 359 concerning the State's ability to legislate or take executive action?

<p>Article 358 permits the State to make laws or take executive actions inconsistent with Article 19, while Article 359 does so for rights suspended by presidential order. (D)</p> Signup and view all the answers

In a scenario where a state government enacts a law during an emergency that infringes upon a Fundamental Right, but the enforcement of that right has not been suspended by a Presidential Order, which article, if any, would provide immunity from challenge to this law?

<p>Neither Article 358 nor 359, as the right's enforcement wasn't suspended (B)</p> Signup and view all the answers

Considering both Article 358 and Article 359, what is the most accurate understanding of their role in safeguarding actions taken by the State during an emergency?

<p>They shield State actions only if they are directly linked to the emergency and pertain to rights whose enforcement has been duly suspended. (B)</p> Signup and view all the answers

During an emergency, the Union government directs a state government to take specific actions that infringe upon fundamental rights. If these directions are challenged in court, how do Articles 358 and 359 influence the court's decision?

<p>The court will assess whether the actions relate to the type of emergency declared and infringe only on rights whose enforcement is suspended. (B)</p> Signup and view all the answers

Suppose, during an external emergency, a law is enacted that curtails freedom of speech more than strictly required for national security. A citizen challenges this law, arguing it violates Article 19. How will Article 358 affect the court's consideration of this challenge?

<p>The court will evaluate whether the law directly relates to the external emergency and does not infringe on rights beyond what is specified in Article 19. (A)</p> Signup and view all the answers

Flashcards

Scope of Articles 358 & 359

Article 358 is confined to Fundamental Rights under Article 19 only, while Article 359 extends to all Fundamental Rights whose enforcement is suspended by the Presidential Order.

Automatic Suspension

Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared, while Article 359 does not automatically suspend any Fundamental Right, only empowering the president to suspend enforcement.

Emergency Type Coverage

Article 358 operates only in the case of External Emergency (war or external aggression), while Article 359 operates in cases of both External and Internal Emergency (armed rebellion).

Duration of Suspension

Article 358 suspends Fundamental Rights under Article 19 for the entire duration of Emergency, while Article 359 suspends the enforcement of Fundamental Rights for a period specified by the President.

Signup and view all the flashcards

Geographic Extent of Suspension

Article 358 extends to the entire country, while Article 359 may extend to the entire country or a part of it.

Signup and view all the flashcards

Suspension of Articles 20 & 21

Article 358 suspends Article 19 completely, while Article 359 does not empower the suspension of the enforcement of Articles 20 and 21.

Signup and view all the flashcards

State Powers During Suspension

Article 358 enables the State to make laws or take executive action inconsistent with Fundamental Rights under Article 19, while Article 359 enables the State to make laws or take executive action inconsistent with those Fundamental Rights whose enforcement is suspended by Presidential Order.

Signup and view all the flashcards

Study Notes

  • The differences between Articles 358 and 359 can be summarized.

Article 358 vs. Article 359

  • Article 358 is confined to Fundamental Rights under Article 19 only.
  • Article 359 extends to all Fundamental Rights whose enforcement is suspended by the Presidential Order.
  • Article 358 automatically suspends fundamental rights under Article 19 as soon as an emergency is declared.
  • Article 359 does not automatically suspend any Fundamental Right, but it empowers the president to suspend enforcement of specified rights.
  • Article 358 operates only in the case of External Emergency (war or external aggression).
  • Article 359 operates in the case of both External and Internal Emergency (armed rebellion).
  • Article 358 suspends Fundamental Rights under Article 19 for the entire duration of the Emergency.
  • Article 359 suspends the enforcement of Fundamental Rights for a period specified by the president, which may be the entire duration or a shorter period.
  • Article 358 extends to the entire country.
  • Article 359 may extend to the entire country or a part of it.
  • Article 358 suspends Article 19 completely.
  • Article 359 does not empower the suspension of Articles 20 and 21 enforcement.
  • Article 358 enables the State to make laws or take executive actions inconsistent with Fundamental Rights under Article 19.
  • Article 359 enables the State to make laws or take executive actions inconsistent with Fundamental Rights whose enforcement is suspended by the Presidential Order.
  • Both Articles 358 and 359 provide immunity from challenge to laws related to the Emergency.
  • Executive action taken under such a law is protected by both articles.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

More Like This

Use Quizgecko on...
Browser
Browser