Which one of the following statements is correct? When Emergency is in operation, the President of India may declare that
Verified Answer
A. (A) all Fundamental Rights are suspended
B. (B) all Fundamental Rights except Articles 20 and 21 are suspended
C. (C) all Fundamental Rights except Articles 19 and 20 are suspended
D. (D) all Fundamental Rights except Articles 21 and 22 are suspended
Explanation:
As per Article 359 of the Indian Constitution, as amended by the 44th Amendment Act, 1978, when a Proclamation of Emergency is in operation, the President may, by order, declare that the right to move any court for the enforcement of such of the Fundamental Rights (except Articles 20 and 21) as may be mentioned in the order, shall remain suspended. Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty) cannot be suspended under any circumstances.