According to Article 359 of the Constitution, the President can, by order, suspend the right to move any court for the enforcement of such Fundamental Rights as are mentioned in the order during a Proclamation of Emergency. However, the 44th Amendment Act, 1978, added a proviso to Article 359 stating that the operation of Article 20 (Protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended during a National Emergency.
When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except
Asked in UPSC CDS 1 2019 · Topic: Emergency Provisions (Effects of National Emergency on Fundamental Rights (Articles 358 and 359))
More Indian Polity and Governance questions
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