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The proclamation of a national emergency can lead to the temporary suspension or restriction of fundamental rights. The judiciary plays a critical role in ensuring that such suspensions are reasonable, proportionate, and subject to oversight. Examine.

Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

2. The proclamation of a national emergency can lead to the temporary suspension or restriction of fundamental rights. The judiciary plays a critical role in ensuring that such suspensions are reasonable, proportionate, and subject to oversight. Examine. (250 words)

Difficulty level: Moderate

Why the question:

The question is part of the static syllabus of General studies paper – 2 and mentioned as part of Mission-2024 Secure timetable.

Key Demand of the question:

To write about impact of national emergency on fundamental rights and the judicial interpretations of it.

Directive word:

Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction: 

Begin the writing about the objective behind article of national emergency.

Body:

In the first part, bring out the effect of national emergency on fundamental rights – the nature of the modification, extent of modification, ability to enforce fundamental rights etc.

In the next part, mention the various judicial interpretations regarding the suspension of the fundamental rights – mention various cases such as Makhan Singh Vs. State of Punjab, A.D.M. Jabalpur Vs. shivkant Shukla etc.

Conclusion:

Conclude with stressing that suspension is a temporary measure.