Suspension of Articles During Emergency Proclamation

Key Articles and Their Status

1. Article 21:

2. Article 21, which guarantees the right to life and personal liberty, cannot be suspended during a proclamation of emergency. This was established by the 44th Amendment Act of 1978, which explicitly states that the right to move the court for enforcement of Article 21 remains intact even during emergencies State of Punjab VS Dalbir Singh - Supreme CourtKARTAR SINGH VS State Of Punjab - Supreme Court.

3. Articles 20 and 21:

4. The rights conferred by Articles 20 (protection in respect of conviction for offenses) and 21 (right to life and personal liberty) are also protected from suspension during emergencies. The 44th Amendment Act ensures that these rights cannot be suspended by the President''s order under Article 359 KARTAR SINGH VS State Of Punjab - Supreme CourtS. R. Bommai VS Union Of India - Supreme Court.

5. Other Articles:

6. Articles 14 (equality before law), 19 (protection of certain rights regarding freedom of speech, etc.), and 22 (protection against arrest and detention) can be suspended during an emergency. Presidential orders have previously suspended these rights during emergencies Giani Bakshish Singh VS Government Of India - Supreme CourtLAXMINARAYAN SHEODAYAL JAISWAL VS STATE OF M P - Madhya Pradesh.

Summary of Findings

• Cannot be Suspended:
• Article 21: Right to life and personal liberty.

• Articles 20 and 21: Protection against arbitrary detention and the right to a fair trial.

• Can be Suspended:

• Articles 14, 19, and 22: These rights can be suspended during a proclamation of emergency as per the President''s order.

Recommendations

• When advising clients or preparing legal arguments, emphasize the inviolability of Articles 20 and 21 during emergencies.
• Monitor any Presidential orders issued under Article 359 to assess the current status of other fundamental rights, particularly Articles 14, 19, and 22, which may be subject to suspension.
• Stay informed about any legislative changes or judicial interpretations that may affect the enforcement of these rights during emergencies.

This analysis is crucial for understanding the legal landscape surrounding fundamental rights in India during emergency situations and for effectively navigating the complexities of constitutional law..