Question:
Enforcement of which of the following articles of the Constitution of India cannot be suspended even during the proclamation of emergency?
Enforcement of which of the following articles of the Constitution of India cannot be suspended even during the proclamation of emergency?
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Think of Articles 20 and 21 as the 'non-suspendable' core of Fundamental Rights. Even in a national crisis, the right to life, personal liberty, and protection from arbitrary conviction are sacrosanct.
Updated On: Nov 18, 2025
- 14 & 19
- 20& 21
- 23 &24
- 21 & 22
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The Correct Option is B
Solution and Explanation
During a National Emergency (proclaimed under Article 352), the President has the power to suspend the enforcement of Fundamental Rights. However, the 44th Constitutional Amendment Act, 1978, added a crucial safeguard. Article 359 of the Constitution now explicitly states that the President cannot suspend the right to move any court for the enforcement of the rights conferred by Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty). These two articles are considered so fundamental that their enforcement remains available even during an emergency.
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