During emergency which fundamental rights cannot be suspended?
- A.Article 14-15
- B.Article 20-21
- C.Article 18-19
- D.Article 16-17
Correct answer
Explanation
The correct answer is Article 20-21. During a National Emergency, Article 359 lets the President suspend the right to move the courts for the enforcement of Fundamental Rights. After the experience of the 1975–77 Emergency, when detentions could not be challenged in court (the Supreme Court had upheld this in the ADM Jabalpur case of 1976), the 44th Amendment Act, 1978 laid down that the enforcement of Articles 20 and 21 can never be suspended. Article 20 protects an accused person against ex post facto criminal laws, double jeopardy and self-incrimination; Article 21 protects life and personal liberty.
Article 19 is the opposite case. Under Article 358, its six freedoms are suspended automatically when a National Emergency is declared on the ground of war or external aggression, though not on the ground of armed rebellion. That is why the option containing Article 19 is the least likely answer of all. The other options pair Articles from the Right to Equality, whose enforcement the President can suspend by an order under Article 359. Remember it as a pair: 20 and 21 always survive, 19 goes first.
Read the full article: Fundamental Rights (Articles 12–35): Notes, Writs and PYQs
Practice Questions
View allThe Fundamental Rights in the Indian Constitution are inspired by the ‘Bill of Rights’ of which of the following countries?
- A.Australia
- B.Japan
- C.The USSR
- D.The USA
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The Bill of Rights is the name given to the first ten amendments to the Constitution of the United States, adopted in 1791, which protect freedoms such as speech and religion against the government.
Read the full explanation →Which of the following is NOT a fundamental right after the 44th Amendment Act, 1978 of Indian Constitution?
- A.Right to property
- B.Right to equality
- C.Right against exploitation
- D.Right to religion
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When the Constitution came into force, property was protected as a Fundamental Right in two places: Article 19(1)(f), the freedom to acquire, hold and dispose of property, and Article 31, protection against being deprived of property.
Read the full explanation →The Fundamental Rights have been guaranteed to protect the public from repressive state actions; judicial decisions tend to expand the scope of the word 'State' as defined by _______ of the Indian Constitution.
- A.Article 12
- B.Article 14
- C.Article 15
- D.Article 13
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Most Fundamental Rights are claims against the State, so whoever counts as the "State" is bound by them.
Read the full explanation →Which article of the Constitution of India abolishes the concept of ‘untouchability’ and prohibits its practice in any shape or form?
- A.16
- B.15
- C.17
- D.14
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Article 17 abolishes untouchability, forbids its practice in any form, and makes the enforcement of any disability arising out of untouchability an offence punishable in accordance with law.
Read the full explanation →Article 19 of the Indian Constitution provides for how many types of freedoms?
- A.13
- B.44
- C.30
- D.6
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Article 19(1) gives every citizen six freedoms: speech and expression; to assemble peaceably and without arms; to form associations, unions or co-operative societies; to move freely throughout India; to reside and settle in any part of India; and to practise any profession or carry on any occupation, trade or business.
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