Which amongst the following Fundamental Rights CANNOT be suspended during an emergency?
Right to Life
Article 359 of the Constitution allows the President to suspend the enforcement of Fundamental Rights during a national emergency, but Article 359(1) itself excludes Articles 20 and 21 from any such suspension. Article 21, which guarantees the Right to Life and Personal Liberty, therefore cannot be suspended even during an emergency (this was made explicit by the 44th Constitutional Amendment, 1978).
The Right to Freedom of Movement and the Right to Freedom of Speech and Expression fall under Article 19 and stand automatically suspended when an emergency is proclaimed on grounds of war or external aggression. The Right to Equality (Article 14) can also be suspended along with other rights by a Presidential order under Article 359. Only the Right to Life stays protected under every circumstance.
Hence, Right to Life.
Similar Questions
Which of the following fundamental rights is included in Article 16 of the Indian Constitution?
'Right to Privacy' is an integral part of which of the following sections of the Constitution of India?
Important Questions from Fundamental Rights
Which of the following are related to Right to Equality under the provisions of Articles 14 - 18 of the Constitution of India?
1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
2. Equality of opportunity in matters of public employment
3. Educational and cultural rights to minorities
4. Abolition of untouchability
Select the correct answer using the code given below:
Which of the following statements is correct?
I. The Ninth Schedule was added to the Indian Constitution by the first amendment.
II. The Supreme Court is the custodian of the fundamental rights of the Indian Constitution.
Which of the following is not an instance of an exercise of a fundamental right?
Which of the following fundamental rights is violated by the condition of a 13-year-old child working in a carpet manufacturing factory?
Identify the incorrect pair of Right and the related Fundamental Right in the Indian Consitution:
