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When a Proclamation of Emergency is in operation, the right to move a

June 1, 2025 by rawan239

When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except

Article 20 and Article 21

Article 21 and Article 22

Article 19 and Article 20

Article 15 and Article 16

This question was previously asked in

UPSC CDS-1 – 2019

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The correct answer is A) Article 20 and Article 21.

According to Article 359 of the Constitution, the President can, by order, suspend the right to move any court for the enforcement of such Fundamental Rights as are mentioned in the order during a Proclamation of Emergency. However, the 44th Amendment Act, 1978, added a proviso to Article 359 stating that the operation of Article 20 (Protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended during a National Emergency.

Before the 44th Amendment, the right to move courts for the enforcement of all Fundamental Rights, including Articles 20 and 21, could theoretically be suspended. The experience during the 1975 Emergency, where personal liberty was severely curtailed, led to this crucial amendment ensuring that the right to life and personal liberty and protection against arbitrary conviction remain enforceable even during an emergency. Article 19 (Protection of certain rights regarding freedom of speech, etc.) is suspended under Article 358, but only if the emergency is declared on grounds of war or external aggression, and this suspension is automatic for Article 19 unlike other rights suspended by Presidential order under Article 359.

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