The Supreme Court in a judgement ruled that the right to personal life and liberty are human rights and is not a ‘gift of the Constitution’. International Covenant on Civil and Political Rights , art. 4 recognises the right to life and personal liberty to be a non-derogable right even during times of emergency. After the 44th Amendment Act, it was agreed by the Court that in any case no person can be stripped of his right to life and personal liberty. Therefore Articles 20 and 21 cannot be suspended even in case of an emergency.

Further Reading:

• Article 356 – President’s Rule
• 42nd Amendment of Indian Constitution