During emergency which fundamental rights cannot be suspended?
- A.Article 14-15
- B.Article 20-21
- C.Article 18-19
- D.Article 16-17
Show answer
Correct answer: B. Article 20-21
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.