Article 358 of Indian Constitution

Article 358 of Indian Constitution – Enables suspension of Article 19 rights during emergenc… Learn definition, status, related articles, UPSC relevance.
📅 Part XII – Finance, Property, Contracts and Suits
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Article Number

358

part

Part XII – Finance, Property, Contracts and Suits

Status

Active

Full Definition & Explanation

Article 358 of the Indian Constitution allows the government to suspend certain rights during a national emergency. Specifically, it affects the rights enshrined in Article 19, which include the freedoms of speech, assembly, and movement. This means that if there is a war or external aggression threatening national security, the government can pass laws or take actions that would normally be restricted under Article 19. This provision enables the state to respond rapidly to threats without being blocked by constitutional protections meant for peacetime.

However, there are exceptions to this suspension. Laws made under this article must explicitly state that they are related to the emergency proclamation. If a law does not include this statement, it cannot use the powers granted by Article 358. Additionally, executive actions taken without a corresponding law that mentions the emergency are also excluded. This ensures some level of accountability and prevents arbitrary use of power by the state.

The practical impact of Article 358 is major. It allows the government to maintain order and protect national security during severe crises. For example, during the Indo-Pakistan wars, the government could enact laws to control movement and communication. However, this power must be checked by ensuring that the laws created are directly related to the emergency at hand, which helps protect citizens from potential abuses of power during times of unrest.

Historical Context

Article 358 was included in the Constitution when it was adopted in 1950, reflecting the need for the state to act decisively in emergencies. During the Constituent Assembly debates, members discussed the balance between civil liberties and national security. The article has not undergone any amendments since its introduction, indicating that the framers intended it to be a stable provision. It gained attention during key Supreme Court cases, such as the Keshavananda Bharati case, which discussed the limits of constitutional amendments and the scope of emergency powers. The debates highlighted the tension between security and individual rights in a democratic society and shaped the understanding of Article 358.

Key Features

– Article 358 allows suspension of Article 19 during emergencies.
– It is applicable only during declared wars or external aggression.
– Laws made under this article must mention the emergency context.
– Executive actions not based on such laws are excluded from suspension.
– The powers granted by this article cease once the emergency ends.

Importance & Impact

– Article 358 enables quick government actions to address national security issues during crises.
– It helps maintain order when the country faces external threats and challenges.
– The article ensures state powers are balanced with accountability and checks.
– Laws enacted under this article must be directly linked to the emergency situation.
– This provision has practical implications during wars and security threats faced by the nation.

Sample UPSC Question

Which statements about Article 358 of the Indian Constitution are correct? A) It permanently suspends Article 19 rights. B) It allows suspension of Article 19 during emergencies. C) It does not require laws to mention the emergency. D) It applies only to internal disturbances, not external threats. Analyze these statements and select the most accurate options while explaining your reasoning.? Which of the statements given above are correct in the context of the federal structure of India? This ensures clarity under the law.

Answer

The correct answer is B. Article 358 allows the suspension of Article 19 rights only during declared emergencies, like war or external aggression. Options A and D are incorrect because the suspension is not permanent and applies to external threats as well. Option C is also wrong since the law must mention the emergency for it to be valid.

Key Takeaways

✓ Article 358 allows emergency powers during national crises.
✓ It affects citizens’ rights under Article 19 temporarily.
✓ Laws must mention the emergency context to be valid.
✓ Executive actions without proper laws are not allowed.
✓ The article ensures checks on state power in emergencies.

FAQs

Article 358 specifically suspends the rights provided under Article 19 during emergencies in India. This includes key freedoms such as speech, assembly, and movement. For instance, if the government declares a national emergency due to external aggression, it may restrict these rights to maintain public order and national security. However, any law made under this suspension must state its relation to the emergency proclamation.

Yes, there are specific exceptions to Article 358’s application. Laws made under this article must explicitly state they relate to the emergency in force. If a law does not contain this recital, it cannot utilize the powers granted by Article 358. Additionally, executive actions taken without a corresponding law mentioning the emergency are also excluded from suspension, ensuring accountability in governance.

Article 358 protects citizen rights by imposing limits on the emergency powers of the state. It requires that laws enacted under this article must directly relate to the emergency to be valid. This ensures that governments cannot abuse their powers without proper justification. By mandating this clarity, Article 358 seeks to balance national security needs with the protection of civil liberties.

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