What’s effect of emergency on Lok Sabha & Fundamental Rights?
Q. Which of the following sentence/sentences is/are correct?
1) During National Emergency, life of the Lok Sabha may be extended for one year at a time.
2) Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war.- Published on 27 Feb 17
a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
Effect on the Life of the Lok Sabha and State Assembly -
- While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond its normal term (five years) by a law of Parliament for one year at a time (for any length of time).
- However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
- For example, the term of the Fifth Lok Sabha (1971-1977) was extended two times by one year at a time.
- Similarly, the Parliament may extend the normal tenure of a state legislative assembly (five years) by one year each time (for any length of time) during a national emergency.
- This is subject to a maximum period of six months after the Emergency has ceased to operate.
Effect on the Fundamental Rights -
- Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights.
- Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19.
- Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
- According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended.
- No separate order for their suspension is required.
- While a proclamation of national emergency is in operation, the state is freed from the restrictions imposed by Article 19.
- In other words, the state can make any law or can take any executive action abridging or taking away the six Fundamental Rights guaranteed by Article 19.
- Any such law or executive action cannot be challenged on the ground that they are inconsistent with the six Fundamental Rights guaranteed by Article 19.
- When the National Emergency ceases to operate,Article 19 automatically revives and comes into force.
- Any law made during Emergency, to the extent of inconsistency with Article 19, ceases to have effect.
- However, no remedy lies for anything done during the Emergency even after the Emergency expires.
- This means that the legislative and executive actions taken during the emergency cannot be challenged even after the Emergency ceases to operate.
The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways -
- Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion.
- Secondly, only those laws which are related with the Emergency are protected from being challenged and not other laws.
- Also, the executive action taken only under such a law is protected.