{"id":84864,"date":"2025-06-01T02:53:45","date_gmt":"2025-06-01T02:53:45","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=84864"},"modified":"2025-06-01T02:53:45","modified_gmt":"2025-06-01T02:53:45","slug":"when-a-proclamation-of-emergency-is-in-operation-the-right-to-move-a","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/when-a-proclamation-of-emergency-is-in-operation-the-right-to-move-a\/","title":{"rendered":"When a Proclamation of Emergency is in operation, the right to move a"},"content":{"rendered":"

When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except<\/p>\n

[amp_mcq option1=”Article 20 and Article 21″ option2=”Article 21 and Article 22″ option3=”Article 19 and Article 20″ option4=”Article 15 and Article 16″ correct=”option1″]<\/p>\n

\n
\n
This question was previously asked in<\/div>\n
UPSC CDS-1 – 2019<\/div>\n<\/div>\n
Download PDF<\/a>Attempt Online<\/a><\/div>\n<\/div>\n
\nThe correct answer is A) Article 20 and Article 21.
\n<\/section>\n
\nAccording 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.
\n<\/section>\n
\nBefore 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.
\n<\/section>\n","protected":false},"excerpt":{"rendered":"

When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except [amp_mcq option1=”Article 20 and Article 21″ option2=”Article 21 and Article 22″ option3=”Article 19 and Article 20″ option4=”Article 15 and Article 16″ correct=”option1″] This question was previously asked in UPSC CDS-1 – … <\/p>\n

Detailed SolutionWhen a Proclamation of Emergency is in operation, the right to move a<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1087],"tags":[1119,1266,1099],"class_list":["post-84864","post","type-post","status-publish","format-standard","hentry","category-upsc-cds-1","tag-1119","tag-emergency-provisions","tag-indian-polity-and-governance","no-featured-image-padding"],"yoast_head":"\nWhen a Proclamation of Emergency is in operation, the right to move a<\/title>\n<meta name=\"description\" content=\"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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/when-a-proclamation-of-emergency-is-in-operation-the-right-to-move-a\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"When a Proclamation of Emergency is in operation, the right to move a\" \/>\n<meta property=\"og:description\" content=\"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.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/when-a-proclamation-of-emergency-is-in-operation-the-right-to-move-a\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T02:53:45+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"1 minute\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"When a Proclamation of Emergency is in operation, the right to move a","description":"The correct answer is A) Article 20 and Article 21. 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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. 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