Consider the following statements in respect of Fundamental Rights during times of Emergencies

Answer & Explanation

Correct answer: (D) (iii) and (iv)

This relates to Article 359 of the Indian Constitution, which deals with the suspension of enforcement of Fundamental Rights during a National Emergency.

(i)The enforcement of all Fundamental Rights may be suspended-Incorrect

• The enforcement of all Fundamental Rights cannot be suspended during an emergency. After the 44th Constitutional Amendment Act, 1978, the rights guaranteed under Article 20 (Protection in respect of conviction for offences) and Article 21 (Right to Life and Personal Liberty) cannot be suspended even during a National Emergency.

(ii)There is provision for moving to court for enforcement of Fundamental Rights- Incorrect

• During a National Emergency, under Article 359, the President can issue an order suspending the right to move any court for the enforcement of Fundamental Rights (except Articles 20 and 21). So the general right to approach courts for enforcement of most Fundamental Rights can be suspended.

(iii)Right to Protection in respect of conviction for offences cannot be suspended-Correct

• Article 20 (Protection in respect of conviction for offences) cannot be suspended even during an emergency. This article provides protection against ex-post-facto laws, double jeopardy, and self-incrimination. The 44th Amendment made this non-suspendable.

(iv)Right to Protection of Life and Personal liberty cannot be suspended-Correct

• Article 21 (Right to Life and Personal Liberty) cannot be suspended even during an emergency. This was one of the most significant changes brought by the 44th Amendment, ensuring that the fundamental right to life remains inviolable under all circumstances.