Podcast
Questions and Answers
Which article is confined to Fundamental Rights under Article 19 only?
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?
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?
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?
For what duration does Article 358 suspend Fundamental Rights under Article 19?
Which article's extent may be limited to a part of the country?
Which article's extent may be limited to a part of the country?
Which article does not empower the suspension of enforcement of Articles 20 and 21?
Which article does not empower the suspension of enforcement of Articles 20 and 21?
Under which article can the State make laws or take executive action inconsistent with Fundamental Rights whose enforcement is suspended by the Presidential Order?
Under which article can the State make laws or take executive action inconsistent with Fundamental Rights whose enforcement is suspended by the Presidential Order?
What is a similarity between Article 358 and Article 359 during an emergency?
What is a similarity between Article 358 and Article 359 during an emergency?
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?
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?
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?
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?
During an internal emergency, which article empowers the President to suspend the enforcement of specific fundamental rights?
During an internal emergency, which article empowers the President to suspend the enforcement of specific fundamental rights?
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?
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?
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?
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?
Which is an accurate comparison of the scope of Article 358 and Article 359 during a declared emergency?
Which is an accurate comparison of the scope of Article 358 and Article 359 during a declared emergency?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
Flashcards
Scope of Articles 358 & 359
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
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
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
Duration of Suspension
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Geographic Extent of Suspension
Geographic Extent of Suspension
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Suspension of Articles 20 & 21
Suspension of Articles 20 & 21
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State Powers During Suspension
State Powers During Suspension
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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.
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