GK Question

polity hard true_false

Article 359(1A), inserted by the 44th Amendment, ensures that Presidential orders suspending Fundamental Rights enforcement during Emergency cannot apply to Articles 20 (protection in conviction) and 21 (life and personal liberty).

  1. True
  2. False

Answer: True

Non-suspendable rights safeguard: (a) Article 359(1A): Presidential order under Article 359 suspending FR enforcement cannot apply to Articles 20 and 21, (b) Article 20 protections: (i) No ex post facto law (Article 20(1)), (ii) No double jeopardy (Article 20(2)), (iii) No self-incrimination (Article 20(3)), (c) Article 21 protections: Right to life and personal liberty interpreted to include due process, dignity, privacy, health, environment, (d) Rationale: These core rights essential even during crisis; prevent executive excesses like arbitrary detention, torture, retrospective punishment, (e) Historical context: 1975-77 Emergency saw widespread violations of Articles 20-21; 44th Amendment strengthened safeguards to prevent recurrence. Illustrates constitutional learning: balancing crisis response with inviolable human dignity protections.

Topic Emergency Powers - Article 359(1A) Non-Suspendable Rights
Exam Relevance Non-suspendable rights critical for UPSC Mains and Judiciary exams
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