Article 20 and Article 21 has been taken from the purview of Article 359 of the Constitution of India by
UGC NET - 2012,
Answer: C
The 44th Amendment, passed in 1978, changed Article 359 so that, when the President suspends the enforcement of fundamental rights during an Emergency, Articles 20 and 21 cannot be suspended. This was a reaction to the experience of the Emergency of 1975 to 1977 and the ADM Jabalpur case. The 42nd Amendment of 1976 did the opposite kind of work, widening Emergency and State powers, and the 43rd Amendment repealed some of its provisions on other subjects. There was no 59th Amendment change of this kind, as its subject was Punjab and the Emergency power there. The answer is the 44th Amendment.
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