When a Proclamation of Emergency is in operation, the right to move a Court for the enforcement of all Fundamental Rights remains suspended, except

Under Article 359 of the Indian Constitution, when a Proclamation of Emergency is in operation, the President may by order suspend the right to move any court for the enforcement of Fundamental Rights. However, the 44th Amendment Act of 1978 restricted this power, ensuring that the enforcement of rights guaranteed by Articles 20 and 21 cannot be suspended even during an emergency. Article 20 provides protection in respect of conviction for offences, while Article 21 guarantees the right to life and personal liberty. While Article 19 is automatically suspended under Article 358 during emergencies declared on grounds of war or external aggression, the Presidential Order under Article 359 specifically excludes Articles 20 and 21 from suspension to prevent arbitrary state action and uphold basic human dignity.