Fundamental rights can be suspended during the operation of:

The correct answer is National emergency.

Key Points

• Fundamental Rights under the Indian Constitution can be suspended during a National Emergency, as per Article 359.
• Article 352 allows the President of India to declare a National Emergency in cases of war, external aggression, or armed rebellion.
• During a National Emergency, certain rights, including the enforcement of rights guaranteed by Part III of the Constitution, may be restricted.
• The suspension of rights applies to rights other than Articles 20 and 21, which are not affected even during emergencies.
• Fundamental Rights are restored after the emergency is revoked or ceases to operate.

Additional Information

• Types of Emergency: The Constitution of India provides for three types of emergencies: National Emergency (Article 352), State Emergency or President’s Rule (Article 356), and Financial Emergency (Article 360).
• Article 20 and 21 Protection: Even during a National Emergency, Articles 20 (Protection in respect of conviction for offenses) and 21 (Right to life and personal liberty) remain enforceable.
• Role of Parliament: A proclamation of National Emergency must be approved by both Houses of Parliament within one month and can be extended indefinitely with repeated parliamentary approval every six months.
• Impact on Fundamental Rights: The President may issue orders suspending the right to move courts for enforcement of Fundamental Rights during the emergency (except Articles 20 and 21).
• Historic Examples: India has witnessed National Emergency three times: in 1962 (Chinese aggression), 1971 (Indo-Pak war), and 1975 (Internal disturbance under then Prime Minister Indira Gandhi).