The Fundamental Rights guaranteed in the Constitution of India can be

The Fundamental Rights guaranteed in the Constitution of India can be suspended only by

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a proclamation of National Emergency

an Act passed by the Parliament

an amendment to the Constitution of India

the judicial decisions of the Supreme Court

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-2 – 2017

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The correct answer is a proclamation of National Emergency.

Under the Constitution of India, the Fundamental Rights can be suspended during the operation of a National Emergency proclaimed under Article 352. Article 359 empowers the President to suspend the right to move any court for the enforcement of certain Fundamental Rights (except those guaranteed by Articles 20 and 21) during an emergency. This suspension is done through a Presidential Order, which is issued after the proclamation of emergency.

An Act passed by Parliament can impose reasonable restrictions on certain Fundamental Rights (like those under Article 19), but it cannot ordinarily suspend them entirely. An amendment to the Constitution can alter Fundamental Rights but does not suspend them in the sense of stopping their operation temporarily during an emergency. Judicial decisions interpret and enforce Fundamental Rights, they do not suspend them. The suspension during emergency is a specific executive action authorized by the Constitution.

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