During the operation of a National Emergency under Article 352, the President may suspend the right to move any court for enforcement of certain Fundamental Rights. After the 44th Amendment Act, 1978, the following Fundamental Rights CANNOT be suspended:
Answer & Solution
Correct answer: B.
1. After the experience of the 1975-77 Emergency and the ADM Jabalpur case (1976), the 44th Amendment, 1978 amended Article 359(1) to provide that the rights guaranteed by Articles 20 and 21 cannot be suspended even during a National Emergency.
2. Article 20 protects against ex post facto laws, double jeopardy and self-incrimination.
3. Article 21 protects life and personal liberty.
4. Other rights may be suspended by Presidential order under Article 359, subject to the order being laid before Parliament.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 359(1) proviso; 44th Amendment Act 1978_
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