Indian Polity • ConstitutionMedium
Which of the following Fundamental Rights cannot be suspended even during a National Emergency proclaimed under Article 352 of the Indian Constitution?
A. Right to equality before law under Article 14
B. Right to freedom of speech and expression under Article 19
C. Right to life and personal liberty under Article 21✓ Correct Answer
D. Right to constitutional remedies under Article 32
💡 Solution & Explanation
By virtue of the Forty-Fourth Amendment Act of 1978, the rights guaranteed under Article 20 and Article 21 cannot be suspended even during a National Emergency. Article 20 provides protection in respect of conviction for offenses, while Article 21 safeguards life and personal liberty. The freedoms under Article 19 are automatically suspended only during a war or external aggression emergency. Article 32 can be suspended by Presidential order except for the protections under Articles 20 and 21. The protection of personal liberty stands as a bedrock principle of Indian constitutional jurisprudence.
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