Article 19 of the Indian Constitution guarantees six fundamental freedoms to all citizens of India:

• Freedom of speech and expression
• Freedom to assemble peacefully without arms
• Freedom to form associations or unions
• Freedom to move freely throughout the territory of India
• Freedom to reside and settle in any part of the territory of India
• Freedom to practice any profession, or to carry on any occupation, trade or business

These freedoms are not absolute, and the government can impose reasonable restrictions on them in the interests of national security, public order, morality, and the like. However, the government cannot suspend these freedoms altogether.

The only exception to this rule is during a state of emergency. Article 352 of the Constitution allows the President of India to declare a state of emergency if he or she is satisfied that there is a threat to the security of India or its financial stability. Once a state of emergency is declared, the government can suspend all fundamental rights, including those guaranteed by Article 19.

There have been three occasions in Indian history when a state of emergency has been declared:

• In 1962, during the Sino-Indian War
• In 1971, during the Bangladesh Liberation War
• In 1975, by Indira Gandhi

The 1975 emergency was the most controversial, as it was declared on the grounds of internal disturbance rather than external threat. During this emergency, the government suspended all fundamental rights, including the right to freedom of speech and expression. This led to widespread censorship and the suppression of dissent.

The suspension of fundamental rights during a state of emergency is a serious matter, as it can have a significant impact on the democratic functioning of the country. However, it is important to note that the government cannot suspend these rights arbitrarily. The President of India must be satisfied that there is a genuine threat to the security of the country before he or she can declare a state of emergency.

In addition, the Supreme Court of India has held that the government cannot suspend fundamental rights for an indefinite period of time. The state of emergency must be lifted as soon as the threat to the security of the country has been removed.

The suspension of fundamental rights during a state of emergency is a delicate balance between the need to protect the security of the country and the need to uphold the democratic rights of citizens. It is a decision that should not be taken lightly, and it is one that should be subject to rigorous judicial scrutiny.