Under what conditions can the fundamental rights of the indian citizens be suspended?

Dear student,

Fundamental rights are the basic rights without which no individual can develop himself to the fullest extent possible. These rights are guranteed by the Constitution and are enforced by the court of law. However, these rights are not absolute in nature.There are reasonable restrictions imposed on them in the larger interest of the society. The rights that we enjoy must not disrupt public order, morality and health of a society.


However, it is importnat to note that fundamental rights can be suspended in case of imposition of emergency,

a. The impostion of emergency in 1975-77,  had its impact on the civil liberties of the people, which so far was the underlying principle of our democratic structure. Various fundamental rights of the people were suspended, most importantly habeaous corpus, the right to challenge one’s arrest in the court. Right to freedom was suspended, people were not allowed to hold any public rally, protest or agitation. 
b. If a national emergency is imposed on grounds of external threat or aggression, fundamental right to freedom are suspended.

Regards,
‚Äč


 

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