During a national emergency in India, which one of the following fundamental rights is not suspended and continues to remain enforceable?

Introduction / Context:

The Constitution of India contains provisions for the proclamation of emergency under certain circumstances, such as war, external aggression, or armed rebellion. During a national emergency under Article 352, certain fundamental rights can be restricted or their enforcement suspended. However, after constitutional developments, especially the Forty Fourth Amendment, not all fundamental rights can be suspended. In particular, rights under specific Articles continue to remain enforceable. This question asks you to identify which fundamental right is not suspended during an emergency and remains protected.

Given Data / Assumptions:

• The context is a national emergency declared under Article 352.
• The focus is on fundamental rights that can or cannot be suspended.
• Options include various rights such as freedom of association, freedom of speech and expression, personal liberty, freedom of assembly, and freedom of movement.
• We assume the current constitutional position after the Forty Fourth Amendment.

Concept / Approach:

Under Article 359, the President may declare that the right to move any court for enforcement of fundamental rights, except those under Articles 20 and 21, can be suspended during an emergency. The Forty Fourth Amendment made it clear that rights conferred by Articles 20 and 21, which include protection in respect of conviction for offences and the right to life and personal liberty, cannot be suspended even during an emergency. Therefore, personal liberty, which is part of Article 21, continues to remain enforceable. Other rights under Article 19, such as freedom of association, speech, assembly, and movement, can be restricted or their enforcement suspended during a national emergency.

Step-by-Step Solution:

Verification / Alternative check:

You can verify this conclusion by recalling historical context, especially the experience of the Emergency in the 1970s. After that period, the Constitution was amended to ensure that basic protections related to life and personal liberty could not be taken away even during emergencies. This change is reflected in the language of Article 359, which excludes Articles 20 and 21 from the scope of suspension. Since personal liberty is part of Article 21, it continues to be protected. Rights like freedom of speech, association, assembly, and movement, being part of Article 19, do not enjoy this absolute protection during an emergency.

Why Other Options Are Wrong:

Freedom of association, freedom of speech and expression, freedom of assembly without arms, and freedom to move freely throughout India are all rights under Article 19. Article 19 rights can be restricted by reasonable limitations even in normal times and are particularly vulnerable to suspension of enforcement during a national emergency, especially one based on external aggression or armed rebellion. Therefore, none of these rights can be said to remain fully enforceable in the same way as the right to life and personal liberty under Article 21 after the Forty Fourth Amendment.

Common Pitfalls:

A common mistake is to assume that all fundamental rights are suspended during an emergency, which is not accurate under the present constitutional framework. Another confusion arises between the suspension of enforcement of rights and their complete repeal, which does not happen. Some learners also forget the special protection given to Articles 20 and 21 after the Forty Fourth Amendment. To avoid errors, focus on the key rule that the right to life and personal liberty under Article 21 remains enforceable even during a national emergency.

Final Answer:

The fundamental right that is not suspended and continues to remain enforceable during a national emergency is personal liberty, protected under Article 21.