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Can fundamental rights be suspended during a national emergency? If so, which ones?

Posted by jobseeker Garima Rajput | Approved
Answers (4)

Yes, fundamental rights can be suspended during a national emergency under Article 359. All rights except Articles 20 and 21 (protection in respect of conviction and right to life and personal liberty) can be suspended.

Answered by jobseeker Lavanya Bhardwaj | Approved

Yes, fundamental rights can be suspended during a national emergency in India, but with certain limitations.
Article 358 automatically suspends the six freedoms under Article 19 (e.g., freedom of speech, assembly, movement) when a national emergency is declared due to war or external aggression.
Article 359 allows the President to suspend the enforcement of other fundamental rights by issuing a protection.
However, Articles 20 (protection against ex post facto laws, double jeopardy, and self-incrimination) and 21 (right to life and personal liberty) cannot be suspended, even during an emergency .
The 44th Amendment of 1978 further restricted the suspension of rights, ensuring that only rights specified in the presidential order are affected, and only laws related to the emergency are protected from legal challenges .
The ADM Jabalpur v. Shivkant Shukla (1976) case controversially upheld the suspension of habeas corpus during the Emergency, but this judgment was later overruled by the Supreme Court in 2017 .
Therefore, while certain rights can be suspended, the core rights under Articles 20 and 21 remain inviolable during a national emergency.
These provisions aim to balance national security needs with the protection of individual liberties.

Answered by jobseeker komal yadav | Approved

Yes, fundamental rights can be suspended during a national emergency in India. Specifically, the six rights under Article 19 (Right to Freedom) are automatically suspended when a national emergency is declared due to war or external aggression. Additionally, under Article 359, the President can suspend the right to move any court for the enforcement of other specified fundamental rights, except Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty), which cannot be suspended even during an emergency

Answered by jobseeker kashvi | Approved

Yes, fundamental rights can be suspended during a national emergency in India. Specifically, the six rights under Article 19 (Right to Freedom) are automatically suspended when a national emergency is declared due to war or external aggression. Additionally, under Article 359, the President can suspend the right to move any court for the enforcement of other specified fundamental rights, except Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty), which cannot be suspended even during an emergency

Answered by jobseeker kashvi | Approved

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