Which among the following fundamental rights cannot be suspended during…

Concept

During a National Emergency (Article 352), the President may suspend the enforcement of Fundamental Rights. Article 358 automatically suspends the rights under Article 19, while Article 359 lets the President suspend the right to move courts for enforcing other Part III rights. However, the 44th Constitutional Amendment, 1978 carved out an absolute exception: the enforcement of Article 20 (protection in respect of conviction for offences) and Article 21 (right to life and personal liberty) can never be suspended, even during an emergency.

Applying it here

Check which of the four offered articles falls inside the protected pair {Article 20, Article 21}:

• Article 20 — protection against ex-post-facto law, double jeopardy and self-incrimination. It belongs to the protected pair, so its enforcement remains beyond suspension throughout an emergency.

• Article 19 — six freedoms; suspended automatically under Article 358 when the emergency rests on war or external aggression.

• Article 14 — right to equality; its enforcement can be suspended under a Presidential order issued under Article 359.

• Article 23 — prohibition of traffic in human beings and forced labour; outside the {20, 21} exception, so its enforcement is also suspendable under Article 359.

Cross-check

The 44th Amendment was a direct response to the 1975-77 Emergency, when personal liberty was severely curtailed. By permanently shielding Articles 20 and 21, it guarantees that protection against arbitrary punishment and the right to life survive every emergency. Of the four options, only Article 20 lies inside that shield, so Article 20 is the fundamental right that cannot be suspended during a National Emergency.