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When a Proclamation of Emergency is in operation in India, the President by an order can suspend the right to move courts for the enforcement of which
Question

When a Proclamation of Emergency is in operation in India, the President by an order can suspend the right to move courts for the enforcement of which of the following rights?

A.

Right to be protected from punishment for the same offence more than once

B.

Right of an accused to be protected from being compelled to be a witness against himself/herself

C.

Right against exploitation in relation to traffic in human beings

D.

Right not to be deprived of personal liberty except according to procedure established by law

Correct option is C

The correct answer is (c) Right against exploitation in relation to traffic in human beings
Explanation:
· Under Article 359 of the Indian Constitution, the President can issue an order to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.
· However, according to the 44th Amendment Act (1978), the President cannot suspend the enforcement of rights guaranteed by Articles 20 and 21, even during an emergency.
· Options (a) and (b) are part of Article 20 (Protection in respect of conviction for offences).
· Option (d) is part of Article 21 (Protection of life and personal liberty).
· Since option (c) refers to Article 23 (Right against exploitation), it is not protected by the amendment and can be suspended by the President.
Information Booster:
· Article 20(2): Right against Double Jeopardy (protection from being punished for the same offence more than once).
· Article 20(3): Right against Self-Incrimination (protection from being compelled to be a witness against oneself).
· Article 21: No person shall be deprived of their personal liberty except according to procedure established by law.

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