Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
3. Analyse the effects of the proclamation of national emergency on the fundamental rights. Throw light on the judicial interpretations of validity of suspension of fundamental rights during emergency. (250 words)
Difficulty level: Tough
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of Mission-2022 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:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary.
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.
