During a state of emergency, certain provisions in the Indian Constitution allow for the suspension or restriction of certain fundamental rights. These provisions are outlined in Article 358 and Article 359.
1. Article 358: Suspension of Rights under Article 19:
- Provision: Article 358 applies during a proclamation of National Emergency under Article 352.
- Impact on Fundamental Rights: Article 358 suspends the enforcement of the fundamental rights guaranteed by Article 19 (Protection of certain rights regarding freedom of speech, etc.) throughout the duration of the emergency.
- Explanation: During a National Emergency, if the President is satisfied that the security of India or any part thereof is threatened by war or external aggression, the government has the power to suspend the operation of Article 19.
- Scope: While Article 19 includes rights related to freedom of speech, assembly, association, movement, residence, and profession, these rights can be suspended or restricted during the emergency period.
2. Article 359: Suspension of Enforcement of Certain Rights:
- Provision: Article 359 allows the President to suspend the enforcement of certain fundamental rights during a proclamation of emergency under Article 352, including National Emergency, State Emergency (President’s Rule – Article 356), or Financial Emergency (Article 360).
- Impact on Fundamental Rights: Article 359 provides the authority to suspend the enforcement of specified rights mentioned in the order issued by the President.
- Explanation: The President can specify in the order which rights are suspended, and this suspension can apply to all or any of the rights conferred by Part III (Fundamental Rights) of the Constitution.
- Limitation: Article 359 does not automatically suspend fundamental rights; the President must issue an order for their suspension.
Important Points:
- Judicial Review: While the President has the power to suspend the enforcement of fundamental rights, the exercise of this power is subject to judicial review. The courts can examine whether the conditions for the suspension are met and if there is compliance with constitutional provisions.
- Restoration After Emergency: Once the emergency is lifted, the suspension of fundamental rights is also lifted, and the rights are automatically restored.
- Scope of Suspension: The suspension of fundamental rights during an emergency is not absolute, and the state is expected to adhere to the principles of proportionality. Excessive or arbitrary restrictions may be subject to judicial intervention.
- Balancing Act: The temporary suspension of fundamental rights during emergencies is viewed as a balancing act between the need to address extraordinary situations and the protection of individual liberties.
It is important to note that these provisions are temporary measures intended for use in exceptional circumstances. The Constitution includes these checks and balances to ensure that the suspension or restriction of fundamental rights is proportional to the exigencies of the situation and subject to review by the judiciary.
