Given below are two statements. Read them carefully and choose the correct answer with the help of given options.
Statement (I): With the declaration of emergency, the federal structure of distribution of powers remains suspended.
Statement (II): In the condition of emergency, the government can ban (cancel) any or all the fundamental rights or curtail them.

Correct option is B

Correct Answer: (B) Statement (I) is true but Statement (II) is false.
Explanation:
→ Statement (I) is true. When an emergency is declared in India (as per Articles 352, 356, or 360 of the Indian Constitution), the federal structure of the Indian government is temporarily altered. Under the emergency provisions, the central government gains more control over state governments. For example, during a national emergency, the central government can legislate on matters that are normally under the state list, thereby suspending the normal distribution of powers between the Centre and the States.
→ Statement (II) is not true. During a state of emergency, the government can indeed curtail or even suspend certain fundamental rights. However, certain rights, like the right to life and personal liberty under Article 21, cannot be suspended, except under the provisions of an emergency.
Information Booster:
→ Article 352 allows the President to declare a national emergency in the case of war, external aggression, or armed rebellion, which affects the distribution of powers between the Centre and the States.
→ During an emergency, the President can take over the administration of states or reduce the autonomy of the states under certain provisions, which temporarily alters the federal structure.
→ Articles 358 and 359 of the Constitution allow the suspension or restriction of certain fundamental rights during an emergency.
→ The suspension of fundamental rights is not absolute; the rights that can be suspended depend on the type of emergency declared.
→ In the case of a national emergency (Article 352), the government may curtail rights related to freedom of speech, movement, and personal liberty, but some rights like protection from preventive detention (under Article 22) may still be limited under certain circumstances.
→ Emergency provisions are considered an extraordinary measure to deal with situations threatening the nation’s integrity, security, or governance.