Article 359
(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except articles 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:
Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.
(1B) Nothing in clause (1A) shall apply —
(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital.(
(2) An order made as aforesaid may extend to the whole or any part of the territory of India:
Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation, considers such extension to be necessary.
(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.
Related Constitutional Provisions
- Articles 358 and 359 describe how a National Emergency affects Fundamental Rights.
- Article 358 addresses the suspension of Fundamental Rights guaranteed by Article 19.
- Article 359 addresses the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
Difference Between Articles 358 and 359
| Article 358 | Article 359 |
|---|---|
| It only applies to Fundamental Rights under Article 19. | It applies to all Fundamental Rights whose enforcement is suspended by the Presidential Order.
|
|
As soon as the state of emergency is declared, Article 358 automatically suspends the fundamental rights guaranteed by Article 19. |
Article 359 does not automatically suspend any Fundamental Right. It only gives the president the authority to suspend the implementation of the specified Fundamental Rights. |
|
It is only applicable in cases of External Emergency (due to war or external aggression) and not in cases of Internal Emergency (due to armed rebellion). |
Article 359 applies in both cases of External and Internal Emergency. |
| It suspends Fundamental Rights under Article 19 for the duration of the Emergency. |
It suspends Fundamental Rights enforcement for a period specified by the president, which may be the entire duration of the Emergency or a shorter period. |
| It applies to the entire country. |
It applies to either the entire country or a portion of it. |
| It completely suspends Article 19. |
It does not allow for the suspension of the enforcement of Articles 20 and 21. |
| It authorises the State to enact any law or take any executive action that is inconsistent with Fundamental Rights under Article 19. |
It authorises the State to enact any law or take any executive action that is inconsistent with Fundamental Rights whose enforcement is suspended by the Presidential Order. |
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