Difference Between Articles 358 and 359
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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Suspension of fundamental rights:
· According to Article 358, when a proclamation of national emergency is formed the six fundamental rights under Article 19 are automatically suspended. No separate order for their suspension is required.
· The 44th Amendment Act of 1978 restricted the scope of Art. 358 providing that the six fundamental rights under Art. 19 will be suspended only if the National emergency is asserted on the ground of war or external aggression and not on the ground of armed rebellion.
Suspension of other fundamental rights:
· As per Article 359, the president is authorised to suspend the right to move any court for the enforcement of fundamental rights during the National emergency. In other words, the fundamental rights are not suspended as such, but only their enforcement.
· The suspension of enforcement relates to only those fundamental rights that are as per the presidential order