Correct option is D
The correct answer is: (B)1 and 2 both
- 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.
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).