Consider the following statements regarding the effects of ‘Emergency’ in the Indian Constitution:
- During a National Emergency, the 6 freedoms guaranteed under Article 19 are automatically suspended.
- When President's Rule is imposed in a state, the state legislative assembly is mandatorily dissolved.
Which of the above statement(s) is/are correct?
Correct answer: D
Explanation
Both statements are flawed → (D). Statement 1 is overbroad: under Article 358 the six freedoms in Article 19 are suspended automatically — by operation of the Constitution, with no presidential order needed — ONLY when the National Emergency is declared on the ground of war or external aggression, not for an emergency on the ground of armed rebellion (post-44th Amendment). A presidential order is what Article 359 requires, and that is to suspend the enforcement of OTHER rights, not Article 19. Statement 2 is also incorrect as worded. So neither statement is correct.