Question

The Fundamental Right, which cannot be suspended even during an emergency, is _____
(A) Right to equality
(B) Right to freedom of expression
(C) Right to movement
(D) Right to life

Answer 1

Hint: Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture. They are defined as claims of an individual that are essential for the development of a person’s own self and they are also recognised by the society or State.

Step by step solution
According to the Indian Constitution, Right to Life cannot be suspended even in the times of national emergency. A state of national emergency in India refers to a period of governance that can be manifested by the President of India during various times of crisis. The President can overrule many provisions of the Constitution, under the advisory of the Cabinet Ministers. The Fundamental Rights of the Indian citizens could be suspended and the six freedoms under Right to Freedom are automatically suspended.
In the Indian Constitution, Fundamental Rights are enumerated in Part III from Article 14 to 32 These rights are fundamental because of two reasons: First, they are mentioned in the Constitution which guarantees them and the second, they are justiciable. By justiciable, it means that if any of these rights are violated, then the individual can approach the judicial system for the protection of their rights.

Article 21 of the Indian Constitution mentions the Right to Life and Personal Liberty and

Article 359 sanctions the President of India to suspend all the fundamental rights during an emergency except Article 20 and Article 21.

Note: Originally, seven Fundamental Rights were laid down in the Constitution of India but later the Right to Property was removed from the list of Fundamental Rights by the 44th Amendment Act in the year 1976. It has been made a Constitutional Right since then.