GK Question

polity hard true_false

During a National Emergency under Article 352, the President may suspend enforcement of Fundamental Rights under Article 359, but Articles 20-21 (protection in conviction, life/liberty) cannot be suspended even during Emergency per the 44th Amendment.

  1. True
  2. False

Answer: True

Fundamental Rights during Emergency: (a) Article 358: During Emergency, Article 19 (freedoms) automatically suspended for duration of Emergency, (b) Article 359: President may suspend enforcement of other Fundamental Rights via Presidential order, (c) 44th Amendment safeguard (1978): Articles 20-21 cannot be suspended even during Emergency: (i) Article 20: Protection in respect of conviction for offences (no ex-post facto law, no double jeopardy, no self-incrimination), (ii) Article 21: Protection of life and personal liberty, (d) Rationale: Prevent recurrence of 1975-77 Emergency excesses where habeas corpus petitions were suspended (ADM Jabalpur case), (e) Applications: (i) Post-1978: Even during Emergency, citizens can challenge detention, conviction violations under Articles 20-21, (ii) Judicial review: Courts retain power to examine whether Emergency proclamation, Presidential orders comply with constitutional limits, (f) Illustrates calibrated rights protection: Enabling crisis response while preserving core rights essential to human dignity, rule of law; balance between national security and individual liberty.

Topic Article 352 - Effect on Fundamental Rights During Emergency
Exam Relevance Fundamental Rights during Emergency critical for UPSC Mains and Judiciary exams
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