Under Article 359 of the Constitution, which Fundamental Rights cannot have their enforcement suspended by a Presidential order during a Proclamation of Emergency?
Answer and explanation
Correct answer: C. Articles 20 and 21
- Step 1: Article 359 of the Constitution says that where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for enforcement of rights conferred by Part III (except articles 20 and 21) remains suspended. Answer: Articles 20 and 21. The exception for articles 20 and 21 appears in both clauses (1) and (1A) of the article. Why not the others: The pairs 14 and 19, 19 and 21, and 25 and 32 are not the articles excepted by Article 359.
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