Difficulty: Medium
Correct Answer: Articles 20 and 21
Explanation:
Introduction / Context:
This question deals with the suspension of fundamental rights during a proclamation of emergency in India. Article 359 allows the President to suspend the right to move any court for the enforcement of certain fundamental rights during an emergency. However, the Constitution specifically protects some rights from such suspension. Understanding which rights remain fully protected is important for appreciating constitutional safeguards against state power, even in crises.
Given Data / Assumptions:
Concept / Approach:
The Constitution has been amended to clarify that Articles 20 and 21, which deal with protection in respect of conviction for offences and protection of life and personal liberty, cannot be suspended even during an emergency. This was an important reform after the experience of the internal emergency of the 1970s. Other rights can be restricted more heavily, but these core protections must remain available.
Step-by-Step Solution:
Step 1: Recall the subject matter of each article in the options.
Step 2: Article 20 provides safeguards against ex post facto laws, double jeopardy and self incrimination.
Step 3: Article 21 guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law.
Step 4: Remember that constitutional amendments and judicial interpretations have made it clear that Articles 20 and 21 cannot be suspended under Article 359.
Step 5: Therefore, select the pair Articles 20 and 21 as the correct answer.
Verification / Alternative check:
You can verify this by recalling that after the emergency period of 1975 to 1977, the Forty Fourth Amendment strengthened fundamental rights protections. It provided that rights under Articles 20 and 21 shall not be suspended even during an emergency, reflecting lessons learned from past misuse of emergency powers.
Why Other Options Are Wrong:
Option A (Articles 14 and 15) concerns equality before the law and prohibition of discrimination; these can be restricted more heavily during an emergency than Articles 20 and 21.
Option B (Articles 16 and 17) deals with equality of opportunity in public employment and abolition of untouchability, important rights but not singled out in Article 359 in the same way.
Option D (Articles 24 and 25) relates to prohibition of child labour in factories and freedom of religion; again, these do not enjoy the explicit non suspension protection under Article 359 as Articles 20 and 21 do.
Common Pitfalls:
Students sometimes assume that all fundamental rights can be suspended equally or, at the other extreme, that none can be restricted during emergency. It is important to remember the specific constitutional safeguard for Articles 20 and 21 and link it with the historical experience of emergency rule in India.
Final Answer:
The pair of fundamental rights that cannot be suspended even during an emergency under Article 359 consists of Articles 20 and 21.
Discussion & Comments