What is Article 358 of Indian Constitution – Defination & Meaning

Article 358: Suspension of provisions of article 19 during emergencies (1) While a Proclamation of Emergency declaring that the security of India or any part
📅 Part XVIII – Emergency Provisions
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Article Number

358

part

Part XVIII – Emergency Provisions

Status

Active

Bare Acts Text

Article 358: 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.
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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.

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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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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