Answer: D
Correct answer: Articles 20 and 21
Articles 20 and 21 cannot be suspended under Article 359 even during a national emergency. Article 20 protects against conviction under retrospective criminal law, double jeopardy and compelled self-incrimination; Article 21 guarantees life and personal liberty. The protection was inserted by the 44th Amendment in 1978, in direct response to the Emergency of 1975–77. During that period the Supreme Court had held in ADM Jabalpur v. Shivkant Shukla that when Article 21 was suspended a detainee had no remedy at all, even against unlawful killing - a decision now regarded as the Court’s lowest point, and expressly overruled in the Puttaswamy privacy judgment of 2017. For other rights, the President may under Article 359 suspend the right to move any court for their enforcement. Separately, Article 358 suspends the six freedoms of Article 19 automatically - but only where the emergency is declared on the ground of war or external aggression, not armed rebellion, another safeguard added in 1978.