The protection of life and personal liberty is set out in Article 21 of the Constitution of India. This article provides for two rights: one is the right to life and the other is the right to personal liberty. Section 21 provides that no person shall be deprived of his life or personal liberty except in accordance with such procedure as is established by law, nor shall equality before the law or equivalent security of regulations in the domain of India. The protection of life and personal liberty is the most important fundamental right of the Indian Constitution. It is available to all Indian and foreign citizens. Fundamental rights are justiciable rights. Fundamental rights within the framework of the right to liberty, such as protection from criminal conviction and protection of life and personal liberty, are the most important rights guaranteed by the Indian Constitution. Articles 20, 21 and 359 are the most important articles related to the suspension of the application of fundamental rights in national emergencies. We can see that each provision of Article 20 seeks to protect individuals separately from the abundance of the governing body, the legal organ and the executive. These titles are available to residents of India and foreigners for criminal matters.
The Supreme Court had made it clear in a ruling that the right to personal life and liberty were human rights and were not a gift of the Constitution. According to the Constitution of India, the fundamental rights that are never suspended during a national emergency are the rights mentioned in Articles 20 and 21. All fundamental rights mentioned in various articles of the Constitution of India may be suspended in case of national emergency, with the exception of Articles 20 and 21. Simply put, protection in the event of conviction for criminal offences (Article 20) and protection of life and personal liberty (Article 21) are the two fundamental rights of the right to liberty that can never be suspended in a national emergency. Article 359 provides for the suspension of the application of fundamental rights in national emergencies. Article 359 of the Constitution empowers the President of India to suspend the right to appeal to any court for the implementation of fundamental rights in times of national emergency, with the exception of Articles 20 and 21. The scope of Section 359 was limited in the 44th Amendment Act of 1978. In the first place, the President cannot suspend the possibility of bringing an action before the Court concerning the implementation of important privileges guaranteed by Articles 20 to 21. Ultimately, the right to protection in the event of conviction for criminal offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable in any case during the state of emergency. Moreover, it is precisely emergency regulations and laws that are protected from challenge, and no other regulations or executive measures taken solely on the basis of these regulations are protected. Article 20 of the Constitution of India mainly provides certain safeguards with respect to convictions for criminal offences. Three main points are mentioned in Article 20 of the Constitution of India.
They are as follows:1. No one may be convicted of an offence, except for violation of a law in force as a criminal offence at the time the demonstration was committed, nor for a penalty greater than that which could have been imposed under the law applicable at the time the offence was committed. There are currently six fundamental rights. These are the right to equality, the right to liberty, the right to exploitation, the right to religious freedom; cultural and educational rights and the right to constitutional remedies. Articles 14, 15, 16, 17 and 18 of the Constitution of India establish different equality rights. Articles 19, 20, 21 and 22 set out different freedoms. Articles 23 and 24 contain different rights against exploitation. Articles 25, 26, 27 and 28 provide for different rights to religious freedom. Articles 29, 30 and 31 establish different cultural and educational rights. Articles 32, 33, 34 and 35 establish different rights to constitutional remedies.