When Fundamental Rights can be suspended?

When Fundamental Rights can be suspended?
Suspension of Fundamental Rights under Article 19

When a proclamation of national emergency is issued, the six Fundamental Rights enshrined in Article 19 are automatically suspended, according to Article 358.
There is no need for a separate order to suspend them.
The state is exempt from the restrictions imposed by Article 19 while a proclamation of national emergency is in effect.
In other words, the state has the authority to enact any law or take any executive action that restricts or eliminates the six Fundamental Rights guaranteed by Article 19.
Any such law or executive action cannot be challenged on the basis that it violates the six Fundamental Rights guaranteed by Article 19.
When the National Emergency ends, Article 19 automatically reactivates and enters into force.
Any law enacted during the Emergency that is in conflict with Article 19 is null and void.
However, no remedy exists for anything done during the Emergency, even after it has ended.
This means that legislative and executive actions taken during the emergency cannot be challenged after the emergency has ended.
The scope of Article 358 was limited in two ways by the 44th Amendment Act of 1978.
- The six Fundamental Rights enshrined in Article 19 can be suspended only when the National Emergency is declared due to war or external aggression, rather than armed rebellion.
- Only laws related to the Emergency are protected from being challenged, not other laws.
  - Furthermore, only executive action taken in accordance with such a law is protected.
Suspension of other Fundamental Rights
- During a National Emergency, Article 359 allows the president to suspend the right to petition any court for the enforcement of Fundamental Rights.
- This means that, under Article 359, the Fundamental Rights are not suspended in their entirety, but only their enforcement.
- The rights mentioned are theoretically alive, but the right to seek redress is suspended.
- The suspension of enforcement only applies to the Fundamental Rights specified in the Presidential Order.
- Furthermore, the suspension could be for the duration of the emergency or for a shorter period specified in the order, and the suspension order could apply to the entire country or to any part of it.
- It should be presented for approval to each House of Parliament.
- While a Presidential Order is in effect, the State may enact any law or take any executive action that restricts or eliminates the specified Fundamental Rights.
- Any such law or executive action cannot be challenged on the basis that it violates the specified Fundamental Rights.
- When the Order expires, any law enacted as a result loses its force to the extent that it is inconsistent with the specified Fundamental Rights.
- However, no remedy exists for anything done while the order is in effect, even if the order is no longer in effect.
- This means that legislative and executive actions taken while the Order is in effect cannot be challenged even after the Order has expired.
- The scope of Article 359 was limited in two ways by the 44th Amendment Act of 1978.
  - The President cannot suspend the right to petition the Court for the enforcement of fundamental rights guaranteed by Articles 20–21.
    - In other words, even during an emergency, the right to protection from criminal prosecution (Article 20) and the right to life and personal liberty (Article 21) remain enforceable.
  - Only laws related to the emergency are protected from challenge, not other laws, and only executive action taken under such a law is protected.