Understanding Article Suspension in Emergencies
In India, the Constitution provides certain fundamental rights that are crucial for the protection of individual liberty. However, during a state of emergency, some of these rights can be suspended. Notably, Articles 20 and 21 cannot be suspended even during emergencies. Here's a detailed explanation:
Key Articles and Their Protection
- Article 20: This article guarantees protection in respect of conviction for offenses. It includes:
- No person shall be convicted of an offense except for violation of a law in force at the time of the commission.
- No person shall be punished with a penalty greater than that prescribed by the law at the time of the offense.
- Article 21: This article provides the right to life and personal liberty. It states:
- No person shall be deprived of his life or personal liberty except according to the procedure established by law.
Why Articles 20 and 21 Are Non-Suspendable
- These articles are fundamental to the protection of individual rights and ensure that no person can be arbitrarily deprived of their liberty or subjected to retrospective punishment.
- They serve as a safeguard against misuse of power by the state, ensuring that even during emergencies, individuals retain their basic rights to life and protection against punitive measures.
Contrasting with Other Articles
- Article 19: Rights to freedom of speech, assembly, etc., can be suspended during emergencies.
- Article 22: Rights related to arrest and detention can also be curtailed.
- Articles 24 and 25: These address prohibition of traffic in human beings and freedom of religion, which can be limited under certain conditions during emergencies.
In conclusion, Articles 20 and 21 maintain a fundamental status that protects individuals from arbitrary actions by the state, emphasizing the importance of these rights even in times of crisis.