Part XVIII: Emergency Provisions

Article 359: Suspension of Enforcement of Fundamental Rights During Emergencies

Original Article:

Clause (1): The President may declare that the right to enforce certain fundamental rights (except Articles 20 and 21) is suspended during an emergency.

Clause (1A): Allows legislative and executive actions without Part III restrictions, provided they relate to the emergency.

Clause (1B): Limits Clause (1A) to laws explicitly linked to the emergency.

Clause (2): Suspension orders may apply to specific regions or the whole country, subject to justification for national security.

Explanations:

Article 359 empowers the President to suspend the enforcement of fundamental rights (except Articles 20 and 21) during a national emergency, ensuring government flexibility to address crises.

Clause-by-Clause Explanation:

Clause (1): Suspension of Rights During Emergency

The President may declare that certain rights cannot be enforced in courts, ensuring focus on national security.

Clause (1A): Legislative and Executive Powers

State authorities can enact laws or take actions unrestricted by Part III during the emergency, provided they are necessary.

Clause (1B): Conditions for Actions

Limits actions to those explicitly connected to the emergency, preventing arbitrary use of power.

Clause (2): Geographic Application

Orders can apply nationally or regionally, ensuring targeted use of emergency powers.

Historical Context:

The 1975 Emergency highlighted the risks of unchecked powers under Article 359, leading to reforms via the Forty-fourth Amendment to safeguard personal liberties.

Real-Life Examples:

• The 1975 Emergency saw suspension of several fundamental rights, leading to significant constitutional reforms.
• Post-1978, Article 359 has not been invoked, reflecting its reserved use for extreme crises.

References and Related Provisions:

Article 359 is closely related to Article 358, which also governs restrictions on rights during emergencies.