Article 359 of the Constitution allows the President to suspend the right to move any court for the enforcement of fundamental rights during a National Emergency. However, the 44th Amendment Act of 1978 added a proviso stating that the enforcement of the rights conferred by Articles 20 and 21 cannot be suspended. Article 21 guarantees the Right to life and personal liberty.
Which one of the following cannot be suspended or restricted even during national emergency ?
Asked in UPPSC Upper Mains 2008 · Topic: Emergency Provisions (Effects of National Emergency on Fundamental Rights (Articles 358 and 359))
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Answer: B. Right to life and personal liberty Right.
More Indian Polity and Governance questions
- Which one among the following pairs of Articles relating to the Fundamental Rights cannot be suspended during the enforcement of emergency under Article 359 of the Indian Constitution.
- A proclamation of National Emergency automatically suspends
- Which of the following Fundamental Rights do not get abolished automatically during National Emergency?
- Article 32 stands suspended during an emergency under Article
- Which of the following provisions in Part III of the Constitution automatically becomes suspended on proclamation of emergency?
- The total suspension of Article-14 of Constitution can be made under which Article ?
- Which Fundamental Rights could not be withdrawn on declaration of emergency by Government ?
- As per Constitution of India, which of the following rights cannot be suspended or curtailed during an emergency ?
