Which among the following Fundamental Rights is not suspended when an

Which among the following Fundamental Rights is not suspended when an Emergency is declared ?

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Protection in respect of conviction for offences

Right to constitutional remedies

Right to move freely throughout the territory of India

Equality before law

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-2 – 2023

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When an Emergency is declared under Article 352, the Fundamental Rights under Article 19 are automatically suspended (Article 358). The President can suspend the right to move any court for the enforcement of other Fundamental Rights (except Articles 20 and 21) by an order under Article 359. Articles 20 (Protection in respect of conviction for offences) and 21 (Protection of life and personal liberty) are explicitly protected and cannot be suspended during a National Emergency. Option A, “Protection in respect of conviction for offences,” is guaranteed by Article 20.

– Article 358 deals with the suspension of rights conferred by Article 19.
– Article 359 deals with the suspension of the enforcement of other Fundamental Rights.
– The 44th Amendment Act, 1978, added the provision that Articles 20 and 21 cannot be suspended during any emergency.

Option B (Right to constitutional remedies – Article 32) can be suspended by a Presidential order under Article 359, meaning one cannot move the Supreme Court to enforce other rights that might be suspended. Option C (Right to move freely – part of Article 19) is automatically suspended under Article 358 during a National Emergency declared on grounds of war or external aggression, or suspended by order on grounds of armed rebellion. Option D (Equality before law – Article 14) can be suspended under Article 359.

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