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Indian Polity & Constitution · Question 16 of 75

Question 16

HardOriginal question

During a proclamation of national emergency, the enforcement of which Fundamental Rights can never be suspended?

Options for question 16

Show the answer and explanation
CorrectNot quiteAnswer B

Correct answer: B

Explanation

  1. Under Article 359 the President can suspend the right to move the courts for the enforcement of Fundamental Rights during an emergency.

  2. 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.

  3. 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 time
70 s
Your time
—
The rule this testsFundamental rights and duties
Practise this chapter →

Ten questions from Indian Polity & Constitution, at your own pace.

Practise this chapter →

Ten questions from Indian Polity & Constitution, at your own pace.