Which fundamental right can be suspended during emergency during the period of proclamation of emergency mcq?
Answers
Article 21 of Indian Constitution cannot be suspended during emergency because it states that no person shall be deprived of his life or personal liberty except according to procedure state by law. Under Menka Gandhi (1978) casethe supreme court held that the procedure must not be arbitrary, unfair or unreasonable.
Further, in 1978, the 44th amendment of the constitution took place, article 359 was amended and it provided that article 21 could not be suspended even during declaration of emergency. In the case of P. Rathinam case held that right to live includes right not to live. Physical as well as mental health both are treated as integral part of right to live upholding that without good health, neither civil nor political rights which constitution confers cannot be enjoyed.