Question

Enforcement of which among the following fundamental rights cannot be suspended during proclamation of emergency?

• A. Article 14 and 20
• B. Article 19 and 20
• C. Article 20 and 21
• D. None of the above

Answer 1

Answer:

C. Article 20 and 21

• The fundamental rights guaranteed by Article 20 (Protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended during a proclamation of emergency, whether it is a national or state emergency
  

• Article 20 - This article provides three key protections to a person accused of a crime

• No ex post facto law (no punishment for an act that was not a crime at the time it was committed).

• No double jeopardy (no one can be prosecuted and punished for the same offense more than once).

• No self-incrimination (no one can be compelled to be a witness against himself).
  

• Article 21 - This article states, "No person shall be deprived of his life or personal liberty except according to procedure established by law.

• " It is considered the most important fundamental right, and the Supreme Court has interpreted it to include a wide range of rights, such as the right to a clean environment, the right to health, and the right to a speedy trial