Under the Constitution of India, which of the following Articles cannot be suspended even during a Proclamation of Emergency?

Difficulty: Easy

Correct Answer: Article 20 and 21

Explanation:


Introduction / Context:
The Constitution of India allows for different types of emergencies, during which certain Fundamental Rights can be restricted or suspended. However, not all rights are equally vulnerable to such suspension. Articles 20 and 21, dealing with protection in respect of conviction for offences and protection of life and personal liberty, enjoy special protection even in times of emergency. This question checks whether you know which Articles cannot be suspended even when an Emergency is in force.


Given Data / Assumptions:

  • The question is about Fundamental Rights that cannot be suspended during an Emergency.
  • Options list different combinations of Articles 19, 20, 21, 22, 23, 24, and 25.
  • We assume familiarity with the basic meaning of these Articles.
  • The focus is on the constitutional rule that some rights are non-derogable even in crisis situations.


Concept / Approach:
Article 359 of the Constitution allows the President to suspend the right to move any court for enforcement of certain Fundamental Rights during an Emergency. However, a later constitutional amendment clarified that rights under Articles 20 and 21 cannot be suspended. Article 20 protects individuals against ex post facto criminal laws, double jeopardy, and self incrimination. Article 21 guarantees that no person shall be deprived of his life or personal liberty except according to procedure established by law. These core protections remain in force even in an Emergency and cannot be taken away by an order under Article 359.


Step-by-Step Solution:
Step 1: Recall that during some types of Emergency, Article 19 can be restricted or suspended.Step 2: Remember that the Constitution specifically protects Articles 20 and 21 from suspension under Article 359.Step 3: Recognise that Articles 22 to 25 can face restrictions under different circumstances and are not singled out in the same way as 20 and 21 in the context of Emergency suspension.Step 4: Review the options and identify the pair that consists of Articles 20 and 21.Step 5: Select Article 20 and 21 as the correct answer because they cannot be suspended even during an Emergency.


Verification / Alternative check:
Indian polity textbooks and commentaries on the Emergency provisions clearly state that after specific constitutional amendments, the rights under Articles 20 and 21 became non-derogable, meaning they cannot be suspended even when Emergencies are declared. They often highlight this point as a safeguard to prevent abuse of emergency powers as happened in the past. Reading Article 359 with its provisos confirms that the President cannot suspend the right to move any court for enforcement of these two Articles.


Why Other Options Are Wrong:

  • Article 19: Rights under Article 19 can be suspended during a National Emergency on grounds of war or external aggression.
  • Article 22 and 23: These Articles can face restrictions; they are not specifically protected in the same way as Article 20 and 21 with respect to suspension of enforcement.
  • Article 24 and 25: These cover prohibition of child labour in factories and freedom of religion; while they are important rights, the question of non suspension in Emergency is specifically tied to Articles 20 and 21.


Common Pitfalls:
A common mistake is to focus too much on Article 19, which is a prominent set of rights, and assume it must be the one that cannot be suspended. Exam history, however, shows that Article 19 rights have been suspended in past Emergencies. Another pitfall is to treat all rights as equally fragile or equally protected during Emergency. To avoid such confusion, remember the special status of Articles 20 and 21 as core protections of personal liberty and criminal justice that the Constitution does not allow to be suspended even in crisis.


Final Answer:
The Fundamental Rights that cannot be suspended even during an Emergency are those guaranteed under Article 20 and Article 21 of the Constitution of India.

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