Fundamental Rights, DPSP & Fundamental Duties› Fundamental Rights
Even during Emergency, the following rights cannot be suspended :
Answer a.
The answer is (a). Articles 20 and 21 stay enforceable even during a National Emergency, so the right under Article 21 cannot be suspended. The 44th Amendment (1978) changed Article 359 so that the President's order suspending the right to move courts for Fundamental Rights cannot cover Articles 20 and 21. These two protect against conviction under retrospective laws or double punishment (Article 20) and protect life and personal liberty (Article 21). Article 19 is different: under Article 358 its freedoms are suspended automatically while an Emergency based on war or external aggression is in force. Rights under Articles 14 and 22 can be covered by a Presidential order under Article 359.
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