During the operation of a National Emergency, which Fundamental Rights guaranteed by the Constitution cannot be suspended under any circumstances?

Answer and explanation

Correct answer: C. Articles 20 and 21 (Protection in respect of conviction and Right to life and personal liberty)

  1. Step 1: Examine Article 359 as amended by the 44th Constitutional Amendment Act 1978.
  2. Step 2: The President may suspend the enforcement of fundamental rights during an emergency by presidential order.
  3. Step 3: However, the power expressly excludes Articles 20 and 21; protection against retrospective criminal laws, double jeopardy, self-incrimination, and right to life cannot be suspended.
Answer
Articles 20 and 21 (Protection in respect of conviction and Right to life and personal liberty).

Practise more Constitutional Governance: Emergency Provisions and Amendment Powers.

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