Secularism is part of the Basic Structure of the Indian Constitution as held in:

Excel Wear v. Union of India, (SC, 1978)

F.N. Balsara v. State of Bombay, (SC, 1951)

Narasu Appa Mali v. State of Bombay, (SC, 1951)

S.R. Bommai v. Union of India, (SC, 1994)

Which Fundamental Rights CANNOT be suspended even during a National Emergency under Article 352?

Right to freedom of speech and expression

Right to life and personal liberty (Articles 20 and 21)

Right to constitutional remedies

In S.R. Bommai v. Union of India (1994) 3 SCC 1, a 9-Judge Constitution Bench clarified the scope of Article 74(2) (bar on inquiring into ministerial advice), holding that:

While the actual 'advice' is immune from judicial scrutiny, the background 'material' and factual basis on which advice was formulated is open to judicial review

All government files are completely privileged

Article 74(2) bars judicial review of Article 356 proclamations

Ministers can never be questioned in court

📖 Constitution of India•🎯 30 Practice MCQs

Part XVIII: Emergency Provisions (Articles 352–360)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

sr-bommaifederalismbasic-structuresawantsecularismemergencyarticles-20-21non-suspendablearticle-358article-19article-21article-359

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Part XVIII: Emergency Provisions (Articles 352–360) • 30 Questions

📚 Chapter Practice Coverage

This practice module for Part XVIII: Emergency Provisions (Articles 352–360) contains 30 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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