Which of the following Fundamental Rights CANNOT be suspended even when 'Emergency' is declared in the country?

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SSC CPO 2022 Tier-I Official Paper (Held On : 9 Nov 2022 Shift 1) [Answer Key]
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  1. Articles 22 and 23
  2. Articles 20 and 21
  3. Articles 19 and 20
  4. Articles 21 and 22

Answer (Detailed Solution Below)

Option 2 : Articles 20 and 21
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Detailed Solution

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The correct answer is Articles 20 and 21.

Key Points

  • Article 20
    • Article 20 states that no citizen can be arrested by force without committing a crime and without violating the law.
  • Article 21
    • Article 21 states that no citizen can be deprived of his right to personal liberty as mentioned in the constitution.
  • Article 359 of our constitution states that articles 20 and 21 of our constitution cannot be eliminated under any circumstance, even during an emergency.

​​Thuseven during a National Emergency, the right to move any court for the enforcement of the rights conferred by Articles 20 and 21.

Additional Information

Articles Provisions
Articles 22  Provides protection against arbitrary arrest and detention.
Articles 23 Prohibits in human beings and other similar forms of forced labour.
Articles 19 Guarantees six fundamental freedoms to all citizens.
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