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Six rights guaranteed by Article 19 can be suspended on the grounds of: 1. War 2. External aggression 3. Armed rebellion 4. Internal disturbance
Question

Six rights guaranteed by Article 19 can be suspended on the grounds of:
1. War
2. External aggression
3. Armed rebellion
4. Internal disturbance

A.

2, 3 and 4 only

B.

1,2 and 3 

C.

4 only

D.

1 and 2 both

Correct option is D

The correct answer is: (B)1 and 2 both

Explanation:
  • Article 19 guarantees six fundamental freedoms (speech, assembly, association, movement, residence, and profession).
  • These rights remain available even during emergency, except when a National Emergency is proclaimed under Article 352.
  • After the 44th Constitutional Amendment Act, 1978, national emergency can be proclaimed only on the grounds of: war, external aggression.
  • The National Emergency must be declared on the specific grounds of war or external aggression.
  • During such an emergency, Article 19 rights get automatically suspended.

Information Booster:
  • Internal Disturbance: Earlier a ground for emergency, but it was vague; hence, replaced with armed rebellion by the 44th CAA.

  • Emergency Grounds Today: War, External Aggression (Article 352).

  • Suspension of Rights:

    • Article 19 rights → Article 19 of the Indian Constitution is automatically suspended when a National Emergency is declared due to war or external aggression under Article 358

    • Other Fundamental Rights → can be suspended under Article 359, but not Articles 20 & 21 (post-44th CAA).

  • Historical Context: Article 19 rights were suspended during the Indo-China War (1962) and Indo-Pak War (1971).

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