The rights are not absolute.

The fundamental rights also can be suspended during the state of emergency. The provisions for suspension of fundamental rights are extraordinary. Such provisions were found only in Weimar Constitution of Germany. In democratic countries like United States, rights of people are absolute and can never be suspended. The provisions in our Constitution have been vehemently criticised by scholars and politicians alike. Such a criticism was voiced even in the constituent assembly by members like H.V. Kamath. The Constitution of India had declared that as soon as the state of emergency is declared under Article 352 (war or internal armed rebellion), the rights guaranteed under Article 19 (Freedom) automatically stand suspended. During the period of emergency citizens do not have any protection against the state.