Question

While a proclamation of national emergency is in place, which of the following Fundamental Rights can’t be suspended by the Presidential order as per Article 359 of the Indian Constitution?
1. Article 20
2. Article 21
3. Both Article 20 and Article 21
4. Article 19

Answer 1

Correct Answer - Option 3 : Both Article 20 and Article 21

The correct answer is Both Article 20 and Article 21.

• Article 359 authorizes the President of India to suspend the right to move any court for the enforcement of Fundamental Rights during a national emergency.
• Under a Presidential order, the state government can make any law or can take any executive action abridging or taking away the specified Fundamental Rights.
  • It can extend to the whole of India, or part of it.
  • It can be removed by Presidential order.
• The 44th Amendment Act of 1978 restricts the scope of Article 359 in two ways:
  • The President of India cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21.
  • The laws which are related to the emergency are protected from being challenged and not other laws and the executive action taken only under such a law is protected.