Practice Test Discussion

Q)

Consider the following statements :

In India, during the operation of Emergency,

  1. the federal structure of the country is converted into Unitary structure
  2. the right of the citizens to move the court for the enforcement of the Rights contained in Articles 20 and 21 can be suspended
  3. the Lok Sabha can extend its normal life by a year at a time.

Which of these statements is/are correct?

[ESE, 2013]


  • Explanation

    In India, during the operation of Emergency, the federal structure of the country is converted into Unitary structure where in all the powers are concentrated in the hands of Central government. Also the life of Lok Sabha may be extended beyon its normal term of five years bya law of parliament for one year at a time (for any length of time)

    With regards to the rights of the citizens, six fundamental rights specified under Article 19 stand automatically suspended. According to the 44th Amendment, the rights specified in Article 20 (right to protection in respect of conviction for offences) and Article 21 (right to life and personal liberty) remains enforceable even during emergency.

    Hence option C is correct.

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    Emergency Provisions in India

     

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