Can fundamental rights be suspended during a national emergency?
JA Asked by Jaya Lakshmi from India
Quick Answer
Article 358 of the Constitution allows the suspension of the rights conferred by Article 19 (right to freedom) automatically during a proclamation of National Emergency under Article 352.
Detailed Legal Analysis
Article 358 of the Constitution allows the suspension of the rights conferred by Article 19 (right to freedom) automatically during a proclamation of National Emergency under Article 352. Article 359 permits the President, by order, to suspend the enforcement of other fundamental rights (except Articles 20 and 21) during the emergency.
The protections under Articles 20 (protection in respect of conviction) and 21 (right to life and personal liberty) cannot be suspended, per the judgment in ADM Jabalpur v. Shivkant Shukla (1976), though the 44th Amendment restored Article 21's protection.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.