Part XVIII: Emergency Provisions

Article 358: Suspension of Provisions of Article 19 During Emergencies

Original Article:

Clause (1): During a national emergency caused by war or external aggression, Article 19 ceases to restrict the State’s powers to enact laws or take executive actions. These measures remain valid during the emergency period.

Clause (2): The suspension of Article 19 is conditional on laws containing a recital linking them to the emergency and applies only to laws or executive actions directly related to it.

Explanations:

Article 358 permits the suspension of fundamental rights under Article 19 during a national emergency arising from war or external aggression. This provision enables the State to take extraordinary measures for national security and stability, bypassing restrictions on freedom of speech, assembly, and movement.

Clause-by-Clause Explanation:

Clause (1): Suspension of Article 19

During emergencies due to war or external aggression, the State can enact laws and take executive actions that may contravene Article 19, ensuring swift response to crises.

Clause (2): Conditions on Suspension

The suspension applies only to laws explicitly linked to the emergency through a recital and covers actions directly related to managing the emergency.

Historical Context:

The misuse of Article 358 during the 1975 Emergency led to significant reforms under the 44th Amendment Act (1978), limiting its scope and ensuring stricter conditions for suspension of rights.

Real-Life Examples:

• During the 1962 Indo-China War, Article 358 facilitated emergency measures affecting freedom of movement and speech.
• Amendments post-1975 Emergency ensured stricter checks on suspending Article 19 to prevent misuse in future crises.

References and Related Provisions:

Article 358 complements Article 352, which provides the framework for declaring a national emergency. It works alongside Article 359, which addresses the suspension of other fundamental rights during emergencies.