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Indian Polity • ConstitutionMedium

Which of the following Fundamental Rights can be suspended specifically during a National Emergency under Article 359 by an order of the President?

A. Article 20 and Article 21
B. Article 14 and Article 19✓ Correct Answer
C. Article 21 and Article 22
D. Article 17 and Article 18

💡 Solution & Explanation

Under Article 359, the President is empowered to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency, except the rights guaranteed under Articles 20 and 21, which can never be suspended. Articles 14 and 19 are routinely suspended or restricted during emergencies. The 44th Constitutional Amendment Act of 1978 provided that the right to protection in respect of conviction for offenses and the right to life and personal liberty cannot be suspended even during an emergency.

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