With respect to the protection of life and personal liberty, the correct position under the Constitution is that Article 21:

Under Article 359, the President may, during an Emergency, suspend the enforcement of specified fundamental rights; however, the enforcement of the rights guaranteed by ARTICLES 20 and 21 (protection in respect of conviction and protection of life and personal liberty) is expressly NOT suspendible, even in an Emergency. This was clarified after the holding in A.D.M. Jabalpur v. Shivkant Shukla was overruled by the later constitutional interpretation jealously protecting Article 21. Article 21 is therefore a substantive, dynamic guarantee covering a wide conception of 'life', including dignity, livelihood and privacy, and its protection is unwaverable. The non-suspendability of Article 21 is a foundational constitutional safeguard.