With reference to the National Emergency of 1975 and subsequent constitutional safeguards, consider the following statements: 1. The 44th Constitutional Amendment Act of 1978 replaced the term 'internal disturbance' with 'armed rebellion' under Article 352. 2. Currently, the enforcement of all Fundamental Rights, including Articles 20 and 21, can be suspended during a National Emergency. Which of the statements given above is/are correct?

Question

Accepted Answer

1 only — Statement 1 is correct: The 44th Amendment Act replaced 'internal disturbance' with 'armed rebellion'. Statement 2 is incorrect: The 44th Amendment Act ensured that Fundamental Rights under Articles 20 (protection in respect of conviction for offences) and 21 (right to life and personal liberty) remain immune and cannot be suspended during an Emergency.

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