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

Articles 20 and 21

The correct answer is Option 2 - Articles 20 and 21

During a state of Emergency in India, certain Fundamental Rights can be suspended under Article 359 of the Constitution. However, there are specific Fundamental Rights that cannot be suspended even during an Emergency.

Articles 20 and 21 are among those that remain enforceable. Article 20 guarantees protection against conviction for offenses committed under retroactive or ex post facto laws, protection against double jeopardy, and protection against self-incrimination. Article 21 ensures the right to life and personal liberty, which includes safeguards against arbitrary arrest and detention.

Part III is titled "Fundamental Rights" and contains Articles 12 to 35 in which the 6 fundamental rights are mentioned. These articles outline the basic rights guaranteed to all Indian citizens, including:

Right to Equality (Articles 14-18): Ensures equal treatment before the law and prohibits discrimination based on factors like religion, race, caste, sex, or place of birth.
Right to Freedom (Articles 19-22): Guarantees freedoms like speech, assembly, movement, residence, and profession (subject to certain restrictions).
Right against Exploitation (Articles 23-24): Prohibits forced labor, human trafficking, and child labor.
Right to Freedom of Religion (Articles 25-28): Protects freedom of conscience, religious practice, and propagation.
Cultural and Educational Rights (Articles 29-30): Recognizes the right of minorities to conserve their culture and language and establish educational institutions.
Right to Constitutional Remedies (Article 32): Ensures the right to enforce fundamental rights through legal action in the Supreme Court.