Which article of the Indian Constitution deals with the suspension of the provisions of Article 19 during an emergency?

Correct option is A

Article 358 of the Indian Constitution specifically deals with the suspension of the provisions of Article 19 during a National Emergency declared under Article 352. According to Article 358, when a National Emergency is proclaimed on grounds of war or external aggression, the rights guaranteed under Article 19 are automatically suspended. This provision ensures that the government can implement measures necessary for the nation's defense without being hindered by restrictions imposed by Article 19.
Key details:
1. Suspension applies only to emergencies based on war or external aggression, not internal disturbances.
2. Article 19 rights are suspended for the entire duration of the emergency.
3. Laws made during this period are immune to challenges based on Article 19.
4. Once the emergency ends, these rights are automatically reinstated.
5. Article 358 differs from Article 359, which allows the President to suspend enforcement of other Fundamental Rights.
Information Booster
· Article 19 includes six freedoms: speech, assembly, association, movement, residence, and profession.
· Article 358 does not apply to emergencies based on internal disturbances, unlike Article 359.
· The 44th Amendment (1978) clarified the scope and applicability of emergency provisions, particularly distinguishing between rights under Articles 358 and 359.
· Fundamental Rights under Articles 20 and 21 remain protected even during emergencies post-44th Amendment.
· The term "National Emergency" is defined under Article 352.