Concept notes: Under Article 359 of the Indian Constitution, the President has the power to suspend the enforcement of Fundamental Rights during a national emergency. However, Articles 20 and 21, which deal with protection in respect of conviction for offenses and protection of life and personal liberty, respectively, cannot be suspended.
Explanation: The Indian Constitution, under Article 359, grants the President the power to suspend the enforcement of Fundamental Rights during a national emergency. This provision is designed to allow the government to take necessary actions to maintain order and security in the country when faced with a grave crisis. However, this power is not absolute and comes with important limitations.
Article 359(1) states that the President can issue a Proclamation of Emergency, which allows for the suspension of the enforcement of Fundamental Rights. This means that during the period of the emergency, the government can take actions that might otherwise be restricted by the Fundamental Rights. However, this suspension is not applicable to all Fundamental Rights.
Specifically, Articles 20 and 21 are exempted from this suspension. Article 20 provides protection in respect of conviction for offenses, including the right to be informed of the accusation, the right to a fair and public trial, and the right against double jeopardy and self-incrimination. Article 21 guarantees the right to life and personal liberty, which is considered one of the most fundamental rights in the Constitution.
The reason for exempting Articles 20 and 21 is to ensure that even during an emergency, the basic human rights of individuals are protected. The right to life and personal liberty is considered so fundamental that it cannot be suspended under any circumstances. Similarly, the protections against unfair trials and convictions are essential to maintain the rule of law and prevent arbitrary actions by the state.
It is important to note that the suspension of Fundamental Rights under Article 359 is a temporary measure and is subject to judicial review. The Supreme Court of India has the power to examine the validity of the Proclamation of Emergency and the suspension of Fundamental Rights. This ensures that the President's powers are not abused and that the rights of citizens are protected to the greatest extent possible.
In summary, the President of India can suspend the enforcement of Fundamental Rights during a national emergency under Article 359, but Articles 20 and 21 remain protected. This balance between the need for emergency powers and the protection of fundamental human rights is a crucial aspect of the Indian Constitution.