Under the Constitution of India, when a national Proclamation of Emergency is in force, the right to move a court for the enforcement of Fundamental Rights can be suspended for most rights. Which specific Fundamental Rights continue to remain enforceable and cannot be suspended even during such an Emergency?

Introduction / Context:
In the Indian Constitution, Fundamental Rights are a core part of the democratic framework, but they are not absolute. During a national emergency, the State is allowed to restrict or suspend enforcement of many Fundamental Rights to meet extraordinary situations. However, the Constitution carefully protects some rights even in such times so that the basic protection of individual liberty and protection against retrospective punishment or double jeopardy remain intact. This question tests your understanding of which rights are non-suspendable even when an Emergency is declared under the Constitution of India.

Given Data / Assumptions:
- A Proclamation of Emergency has been declared at the national level under the Constitution of India.- The right to move a court for enforcement of certain Fundamental Rights can be restricted or suspended.- We need to identify which specific rights remain enforceable and cannot be suspended even during such an Emergency.

Concept / Approach:
The key constitutional provisions are Article 352, which deals with the Proclamation of Emergency, Article 358, which concerns suspension of the freedoms guaranteed by Article 19, and Article 359, which allows suspension of the right to move any court for enforcement of certain Fundamental Rights. After the Forty Fourth Amendment, the Constitution expressly protects the enforcement of rights given by Article 20 and Article 21, even during an Emergency. Therefore, any order under Article 359 cannot suspend the right to move a court for these two Articles.

Step-by-Step Solution:
Step 1: Recall that Article 20 deals with protection in respect of conviction for offences, covering protections such as no ex post facto criminal law, no double punishment for the same offence and protection against self incrimination.Step 2: Recall that Article 21 guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law.Step 3: Understand that Article 359 permits the President to suspend the right to move courts for enforcement of certain Fundamental Rights during an Emergency.Step 4: Note that the Forty Fourth Constitutional Amendment made a clear exception that the enforcement of rights under Articles 20 and 21 shall not be suspended even when an Emergency is in force.Step 5: Therefore, even when other rights become unenforceable in courts for the duration of the order, a person can still approach the judiciary for violation of Articles 20 and 21.

Verification / Alternative check:
A quick conceptual check is to remember that Articles 20 and 21 protect the very core of individual security against arbitrary State action. Because of past misuse of emergency powers, constitutional reforms ensured that these two Articles remain enforceable in all circumstances. Any option that does not include both Article 20 and Article 21 together will therefore be incorrect.

Why Other Options Are Wrong:
Option B (Articles 21 and 22 only) is wrong because Article 22, dealing with protection against arbitrary arrest and detention, can be modified in its operation during an Emergency, while Article 20 must also remain enforceable.Option C (Articles 19 and 20 only) is wrong because Article 19 freedoms are specifically subject to suspension during an Emergency under Article 358.Option D (Articles 14 and 19 only) is wrong because Article 19 can be suspended and Article 14, though very important, does not enjoy the same explicit non-suspendable protection as Articles 20 and 21.

Common Pitfalls:
Students often assume that all Fundamental Rights become unenforceable during an Emergency, which is not correct. Another common mistake is to confuse the general importance of Articles 14 and 19 with the specific legal protection given to Articles 20 and 21 in the context of emergency provisions. It is also easy to forget that the current position is the result of a later constitutional amendment, so older descriptions of emergency powers may no longer be accurate. Always link this topic with the Forty Fourth Amendment and the special status of the right to life, personal liberty and protection in criminal matters.

Final Answer:
Correct answer: Articles 20 and 21 only