During what circumstances can some Fundamental Rights be suspended, as per the Indian Constitution? 

Key Points

• During external emergencies, such as war or external aggression, some Fundamental Rights can be suspended as per the Indian Constitution.
• The suspension of Fundamental Rights is governed by Article 359 of the Indian Constitution.
• During an emergency caused by war, external aggression, or armed rebellion, the President of India can declare a state of emergency, leading to the suspension of certain rights.
• Such a suspension is intended to ensure national security and public order during times of severe crisis.

Additional Information

• Article 359 allows for the suspension of the enforcement of Fundamental Rights during a declared emergency.
• The 44th Amendment Act of 1978 restricted the suspension of Fundamental Rights, ensuring that Articles 20 and 21 cannot be suspended even during an emergency.
• Article 20 provides protection in respect of conviction for offences, and Article 21 guarantees the protection of life and personal liberty.
• The power to declare an emergency is vested in the President of India and requires parliamentary approval.
• The Indian Constitution has provisions for three types of emergencies: national emergency, state emergency, and financial emergency.