Which among the following Fundamental Rights is not suspended when an Emergency is declared ?
- A.Protection in respect of conviction for offences
- B.Right to constitutional remedies
- C.Right to move freely throughout the territory of India
- D.Equality before law
Correct answer
Explanation
The correct answer is A, Protection in respect of conviction for offences. This is Article 20, and since the 44th Amendment of 1978 the enforcement of Articles 20 and 21 cannot be suspended even during a National Emergency.
Under Article 359 the President may suspend the right to move courts for the enforcement of Fundamental Rights during an Emergency. The 44th Amendment, passed after the excesses of 1975 to 1977, made Article 20 (protection against ex post facto laws, double jeopardy and self-incrimination) and Article 21 (life and personal liberty) an exception. Article 19 is suspended automatically under Article 358 when an Emergency is declared on the ground of war or external aggression.
B is wrong because the remedy under Article 32 can be suspended by a presidential order under Article 359. C is wrong because freedom of movement is part of Article 19, which is suspended under Article 358. D is wrong because equality before law, Article 14, can also be suspended under Article 359.
Exam tip: Articles 20 and 21 always survive an Emergency; Article 19 goes under Article 358, the rest under Article 359.
Practice Questions
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- A.War
- B.External aggression
- C.Internal disturbance
- D.Armed rebellion
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- B.26th November, 1949
- C.15th August, 1947
- D.14th August, 1947
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- B.The Speaker of the Lok Sabha
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- D.The concerned Political Party
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- C.1, 2 and 3
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