Which among the following Fundamental Rights is not suspended when an Emergency is declared?

During a National Emergency, the President can suspend the enforcement of Fundamental Rights under Article 359. However, the 44th Amendment Act of 1978 restricted this power, stipulating that the enforcement of rights guaranteed by Articles 20 and 21 cannot be suspended even during an emergency [1]. Article 20 provides 'Protection in respect of conviction for offences,' which includes protection against ex-post-facto laws, double jeopardy, and self-incrimination. In contrast, Article 19 (Right to move freely) is automatically suspended under Article 358 during an emergency declared on grounds of war or external aggression [2]. Other rights, such as the Right to Equality (Article 14) and the Right to Constitutional Remedies (Article 32), can be suspended if specified in the Presidential Order [1]. Therefore, protection under Article 20 remains enforceable despite the proclamation of emergency.

Sources

1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > A. Proclamation of Emergency. > p. 414
2. [2] https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1156&context=nlsir