RAS question
During a National Emergency, which Article automatically suspends the six freedoms under Article 19?
Correct answer: (C) Article 358.
Article 358 suspends the Article 19 freedoms during a National Emergency only when the proclamation is based on war or external aggression, not armed rebellion.
Explanation
Article 358 is the specific emergency provision linked to Article 19. The official Constitution text says that while a Proclamation of Emergency based on war or external aggression is in operation, Article 19 does not restrict the State's power to make laws or take executive action it would otherwise be competent to make or take. That is why the six freedoms under Article 19 are treated as automatically suspended in this situation. The limiting phrase matters: after the 44th Amendment, this Article 19 suspension does not apply when the National Emergency is proclaimed on the ground of armed rebellion. Article 359 is a different mechanism and should not be confused with Article 358.
Why the other options are wrong
- (A) Article 359 concerns the President's power to suspend the right to move court for enforcement of specified Fundamental Rights, except Articles 20 and 21; it is not the automatic Article 19 suspension provision.
- (B) Article 360 deals with Financial Emergency, so it does not govern the suspension of Article 19 freedoms during a National Emergency.
- (D) Article 356 deals with President's Rule in a State, not the Article 19 consequences of a National Emergency.
Concept
This tests Emergency Provisions and Fundamental Rights, especially the Article 358 versus Article 359 distinction. It recurs in RAS-style polity questions because the trap is usually the exact article number and the emergency ground: war or external aggression, not armed rebellion.