During Emergency Which Article Cannot Be Suspended?

Hint: The rights of personal liberty are purely fundamental in nature and cannot be suspended even during the times of an emergency. Complete answer: Article 359 of our constitution states that articles 20 and 21 of our constitution cannot be eliminated under any circumstance, even during an emergency.

Can Article 20 and 21 be suspended?

It provides that under the Presidential order made in the exercise of powers under Article 359, the enforcement of Articles 20 and 21 shall never be suspended. In other words, if a person is deprived his life or personal liberty, he would be entitled to move the court for he enforcement of his right.

Is Article 21 suspended during emergency?

Article 20 and 21 could not be suspended even in case of an emergency. The Supreme Court also made it clear that all the fundamental rights remain in order for itsṣ only power to move to court for their enforcement is suspended.