Article 358 of Indian Constitution: Suspension of provisions of article 19 during emergencies

Article 358 of Indian Constitution plays a pivotal role in emergency structure of India . It specifically addresses the suspension of Article 19 rights during a National Emergency . The provision highlights the delicate balance between protecting national security and preserving individual freedoms . 

Under Part XVIII  Article 358 Constitution of India is a cornerstone in the nation's emergency provisions . It delineates the conditions under which the fundamental rights enshrined in Article 19 can be suspended. The mechanism sees that during times of national crisis the state possesses the necessary authority to act decisively .

The Indian Constitution while guaranteeing fundamental rights also recognizes scenarios where these rights might need temporary suspension to protect the nation's integrity . Art 358 embodies this principle by allowing the state to override Article 19 rights during a declared emergency . The provision has been both lauded for its foresight and critiqued for potential misuse . 

Understanding Article 358 is crucial for comprehending how India navigates the tension between individual liberties and collective security . It offers insights into the constitutional safeguards and the responsibilities vested in the state during extraordinary circumstances . Explore in-depth analysis of other Constitutional Articles.

Article 358 of Indian Constitution

Suspension of provisions of article 19 during emergencies

(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in article 19 shall restrict the power of the State as defined in Part III 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 Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: 

Provided that where such 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.

(2) Nothing in clause (1) 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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Under the Indian Constitution Article 358 activates when a National Emergency is declared due to war or external aggression. During such times the restrictions imposed by Article 19 which guarantees fundamental rights like freedom of speech and expression are lifted . This means the state can enact laws or take executive actions that might infringe upon these rights without facing constitutional challenges. 

However, this suspension is not absolute . Any law enacted under Article 358 of the Constitution of India must explicitly state its connection to the emergency . Moreover, once the emergency ceases these laws lose their validity except for actions already taken . This ensures that the suspension of rights is temporary and directly linked to the emergency's duration. 

It's essential to differentiate between Article 358 and Article 359 of Indian Constitution. While Article 358 automatically suspends Article 19 rights during specific emergencies, Article 359 allows the President to suspend the right to move any court for the enforcement of rights conferred by Part III (except Articles 20 and 21) during emergencies. This distinction ensures a structured approach to rights suspension preventing arbitrary actions.

In essence, Art 358 provides the state with necessary powers during crises while embedding safeguards to restore normalcy post-emergency.

 Article 358 of Indian Constitution : Landmark Cases 

These judgments have clarified the scope, application and significance of Article 358 of Constitution of India in the legal structure of India . Some of the most important and influential cases include :

• ADM Jabalpur v. Shivkant Shukla (1976) : This case, also known as the Habeas Corpus case, questioned whether citizens could approach courts for enforcement of fundamental rights during an emergency. The Supreme Court held that during an emergency, the right to move any court for enforcement of rights under Article 21 is suspended. This judgment faced significant criticism and was later overruled.
• Makhan Singh v. State of Punjab (1964) : The Supreme Court distinguished between Article 358 and Article 359, emphasizing that while Article 358 suspends Article 19 rights during emergencies, other rights remain enforceable unless specifically suspended under Article 359.
• S.R. Bommai v. Union of India (1994) : Though primarily about the dismissal of state governments, this case of S.R. Bommai touched upon emergency provisions, reinforcing the importance of judicial review and the federal structure, even during emergencies.
• Kedar Nath Singh v. State of Bihar (1962) : This case of Kedar Nath Singh upheld the constitutionality of the sedition law, emphasizing that freedom of speech under Article 19(1)(a) is subject to reasonable restrictions, especially concerning national security.

Article 358 of Indian Constitution serves as a vital tool for the state to maintain sovereignty and integrity during times of war or external aggression . By suspending Article 19 rights it allows the government to act decisively without constitutional constraints that might hinder swift action.

However, the provision also incorporates checks to prevent misuse . The requirement for laws to explicitly state their relation to the emergency and the automatic cessation of such laws post-emergency ensure that the suspension of rights is both purposeful and temporary .

The distinction between Article 358 and Article 359 further underscores the Constitution's commitment to balancing state power with individual rights . While Article 358 of Constitution of India deals specifically with Article 19, Article 359 provides a broader mechanism for suspending other rights, but only through a presidential order .

In essence, Article 358 exemplifies the Constitution's foresight in addressing national emergencies while embedding safeguards to restore democratic norms once the crisis subsides.

Article 358 of Indian Constitution : Developments and Amendments 

The 44th Amendment Act of 1978 brought significant changes to Article 358 of Constitution of India . Prior to this amendment, Article 358 allowed for the suspension of Article 19 rights during any type of emergency. The amendment restricted this suspension solely to emergencies declared due to war or external aggression excluding internal disturbances or armed rebellion. 

This change was a direct response to the misuse of emergency provisions during the 1975-77 Emergency period . The amendment aimed to prevent arbitrary suspension of fundamental rights and ensure that such drastic measures are reserved for genuine external threats . 

Additionally, the amendment introduced a requirement that any law enacted under Article 358 must explicitly state its connection to the emergency . This provision ensures transparency and accountability, preventing the enactment of unrelated laws under the guise of emergency measures.

These amendments reflect the Constitution's adaptability and commitment to protecting individual rights, even while granting the state necessary powers during crises.

Conclusion 

Article 358 of Indian Constitution strikes a fine balance. It gives the government power during a national crisis but also protects individual rights. During a declared emergency, it allows the suspension of Article 19 rights. Still, it ensures these limits are only temporary and not abused.

In the past, India saw misuse of emergency powers. That period showed the risk of giving unchecked power to the state. To fix this, the 44th Amendment changed Article 358. It reduced its scope and added new safeguards. These changes show how the Constitution adapts and stays strong under pressure.

Knowing Article 358 and Article 359 of Indian Constitution helps us understand how India handles emergencies. These rules give the state strong tools, but they also focus on returning to normal and protecting democracy.

In the end, Article 358 proves the wisdom of our Constitution. It lets the country face danger firmly but reminds us to protect rights and freedom once the crisis is over.