Which of the following Articles of the Indian Constitution CANNOT be suspended even during an emergency declared on the grounds of war or external aggression?

Correct — B. Articles 20 and 21 are the Fundamental Rights that survive a National Emergency.

Article 359 allows the President to suspend the right to move any court for the enforcement of Fundamental Rights while an Emergency is in force. The 44th Amendment Act, 1978 cut two rights out of that power: no such order can reach Article 20 or Article 21.

So protection against ex post facto punishment, double jeopardy and self-incrimination under Article 20, and the right to life and personal liberty under Article 21, stay enforceable — option (b).

Why the others are wrong

• (a)
  Articles 15 and 17 — Article 15 and Article 17 are Fundamental Rights, but neither is shielded from a presidential order under Article 359. The exception written in 1978 covers Articles 20 and 21 alone.
• (c)
  Articles 14 and 16 — The equality rights are the ones most often assumed to be untouchable, yet their enforcement can still be suspended by an Article 359 order during an Emergency.
• (d)
  Articles 30 and 32 — Article 32 is the right to constitutional remedies, and an Article 359 order suspends precisely that — the right to move courts — for every Fundamental Right except 20 and 21.

A National Emergency under Article 352 does not repeal Fundamental Rights. It suspends their operation, in two different ways.

Article 358 suspends the six freedoms of Article 19 automatically, and only where the Emergency is proclaimed on the ground of war or external aggression.

Article 359 is wider but needs a presidential order. It suspends the right to move courts for whichever rights the order names, for the period it states.

The 44th Amendment Act, 1978 placed Articles 20 and 21 beyond the reach of Article 359, so life and personal liberty remain justiciable even during an Emergency.

Key facts

• Article 359 lets the President suspend the enforcement of Fundamental Rights during a National Emergency, except Articles 20 and 21.
• That exception for Articles 20 and 21 was inserted by the 44th Amendment Act, 1978.
• Article 20 protects against ex post facto laws, double jeopardy and self-incrimination.
• Article 21 guarantees protection of life and personal liberty.

Common traps

• Confusing Article 358, which touches only Article 19, with Article 359, which can reach the rest
• Assuming Article 32 cannot be suspended because it is called the heart and soul of the Constitution

No directly related past PYQ was found.