Which of the constitutional amendment has amended Article 359 which now provides that the enforcement of the right to life and liberty under Article 21 cannot be suspended by the president order :
Constitution (Forty-Fourth Amendment) Act, 1978
The Constitution (Forty-fourth Amendment) Act, 1978, enacted after the Emergency of 1975-77, amended Article 359 to provide that the President's power to suspend the enforcement of Fundamental Rights during Emergency does not extend to the rights conferred by Articles 20 and 21 (protection in respect of conviction for offences and right to life and personal liberty). This significant reform, following the criticism of ADM Jabalpur v. Shivkant Shukla (1976), ensured that even during Emergency the right to life and personal liberty cannot be suspended. Hence, the correct amendment is the 44th Amendment, 1978.
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