the president of india has the authority to suspend the fundamental rights of citizens under circumstances of emergency.
the president of india has the authority to suspend the fundamental rights of citizens under circumstances of emergency.
who has the authority to suspend the fundamental rights of citizens under circumstances of emergency?
the president of india
Na
Na
the fundamental rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest. in the "kesavananda bharati v. state of kerala" case in 1973, the supreme court, overruling a previous decision of 1967, held that the fundamental rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the constitution. the fundamental rights can be enhanced, removed or otherwise altered through a constitutional amendment, passed by a two-thirds majority of each house of parliament. the imposition of a state of emergency may lead to a temporary suspension any of the fundamental rights, excluding articles 20 and 21, by order of the president. the president may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the supreme court for the enforcement of any of the fundamental rights, except articles 20 and 21, during the period of the emergency. parliament may also restrict the application of the fundamental rights to members of the indian armed forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under article 33.
fundamental rights, directive principles and fundamental duties of india