- Article 359 of the Constitution deals with the suspension of fundamental rights during an emergency. - The 44th Amendment Act of 1978 inserted a proviso to Article 359(1) stating that "the right to life and personal liberty as guaranteed by article 21 shall not be suspended". It also added a proviso to Article 359(1A) that "the powers conferred by clause (1) shall not extend to the suspension of the enforcement of any of the rights conferred by article 20 and article 21."
Which of the following Articles cannot be suspended during the national emergency?
Asked in UPPCS Prelims 2015 · Topic: Emergency Provisions (Effects of National Emergency on Fundamental Rights (Articles 358 and 359))
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