Question 16
HardOriginal questionDuring a proclamation of national emergency, the enforcement of which Fundamental Rights can never be suspended?
Show the answer and explanation
CorrectNot quiteAnswer B
Correct answer: B
Explanation
Under Article 359 the President can suspend the right to move the courts for the enforcement of Fundamental Rights during an emergency.
The 44th Amendment of 1978 made an exception: Article 20 (protection in respect of conviction for offences) and Article 21 (life and personal liberty) stay enforceable.
The change followed the experience of the 1975–77 emergency, when personal liberty itself had been left without a remedy.
- Concept
- Articles 20 and 21 during an emergency
- Typical timeTypical
- 70 s
- Your timeYours
- —
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