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Which Fundamental Right cannot be suspended even during a National Emergency?
Article 19
Article 20 and 21
Article 14
Article 32
Article 20 and 21
Articles 20 and 21 of the Indian Constitution guarantee the right to protection in respect of conviction for offenses and the right to life and personal liberty, respectively. Under the 44th Constitutional Amendment Act of 1978, these two fundamental rights cannot be suspended even during the proclamation of a National Emergency under Article 352.
Articles 20 and 21 of the Indian Constitution guarantee the right to protection in respect of conviction for offenses and the right to life and personal liberty, respectively. Under the 44th Constitutional Amendment Act of 1978, these two fundamental rights cannot be suspended even during the proclamation of a National Emergency under Article 352.
Part III of the Indian Constitution, specifically Articles 12 to 35, borrowed from the Constitution of the USA (Bill of Rights).
Article 20 provides protection against ex-post facto laws, double jeopardy, and self-incrimination.
Article 21 guarantees that no person shall be deprived of their life or personal liberty except according to procedure established by law.
The 44th Constitutional Amendment Act (1978) explicitly safeguarded Articles 20 and 21 from suspension during emergencies.
Article 19 is automatically suspended only during a National Emergency declared on the grounds of war or external aggression, but not on the ground of armed rebellion.
Option A is incorrect because Article 19 can be suspended during external emergencies.
Option C (Article 14) and Option D (Article 32) can be suspended during a National Emergency when the President issues an order under Article 359.
B is correct тАФ Articles 20 and 21 cannot be suspended under any circumstances, including a National Emergency.
Always note emergency provisions under Part XVIII (Articles 352 to 360) and how they interact with Part III Fundamental Rights, as this is a heavily tested area in SSC and Railway exams.
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