Article 359 of Indian Constitution

Article 359 of Indian Constitution – Allows suspension of certain rights during emergencies. Learn definition, status, related articles, UPSC relevance.
📅 Part XII – Finance, Property, Contracts and Suits
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📚 UPSC Relevant

Article Number

359

part

Part XII – Finance, Property, Contracts and Suits

Status

Active

Full Definition & Explanation

Article 359 of the Indian Constitution allows the President to suspend the enforcement of certain fundamental rights during a declared emergency. This means that when an emergency is declared, citizens may not be able to approach the courts to enforce their rights as outlined in Part III of the Constitution, except for articles 20 and 21. Articles 20 and 21 protect the right to life and personal liberty, ensuring that these rights cannot be suspended even during emergencies. This article primarily affects individuals and groups who may rely on the courts to protect their rights during a crisis, such as war or internal disturbances.

Under this article, the President can specify which rights are suspended. The law allows for flexibility, meaning if a situation threatens national security, the suspension can extend to certain areas. However, any law enacted under this article must specify its relation to the emergency proclamation. Additionally, if the emergency is localized, any laws can be enacted or actions taken in unaffected areas only if the President believes it necessary for security. This careful wording aims to balance the need for security with the preservation of civil liberties.

Despite the suspension, the law recognizes that any legislative changes made during this period will revert once the emergency is lifted. This aspect emphasizes that while immediate enforcement of rights is suspended, the rights themselves still exist and can be restored. Real-world impacts can be seen in past emergencies, such as during the 1975-77 Emergency, when civil liberties were curtailed, leading to widespread protests and a major backlash against the government. Citizens must remain aware that while Article 359 allows for such suspensions, it also includes checks to protect against arbitrary use of power.

Historical Context

Article 359 was included in the Constitution during its framing in 1949, aiming to provide the government with tools to address emergencies. The article has not been amended since its inception. Noteworthy Supreme Court cases, like the Kesavananda Bharati case in 1973, have addressed the limits of fundamental rights during emergencies, emphasizing that certain rights, particularly those related to life and liberty, cannot be suspended. This reflects the ongoing balance between state powers and individual freedoms in India. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time This ensures clarity under the law.

Key Features

– The President can suspend rights during a declared emergency.
– Rights listed in articles 20 and 21 cannot be suspended.
– Suspensions can apply to specific areas of India only.
– Any law made during suspension ceases once the emergency ends.
– Parliament must be informed of orders made under this article.

Importance & Impact

– It allows swift government action in times of national crisis.
– Protects national security while balancing individual rights for administrative efficiency.
– Ensures emergency measures are temporary and subject to review for administrative efficiency.
– Prevents arbitrary actions against citizens under normal circumstances for administrative efficiency.
– Requires transparency as orders must be presented to Parliament for administrative efficiency.

Sample UPSC Question

Consider the following statements regarding Article 359 of the Indian Constitution: 1. It allows the President to suspend enforcement of certain rights during emergencies. 2. Articles 20 and 21 cannot be suspended under any circumstances. 3. Laws made during such suspension are permanent. Which of the statements is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2 and 3.? Which of the statements given above are correct in the context of the federal structure of India?

Answer

The correct answer is A) 1 and 2 only. Article 359 permits the suspension of certain rights, but articles 20 and 21 are always protected. Laws made during this suspension do not become permanent; they cease once the emergency ends. Understanding these details is helpful for analyzing how the constitution balances power and state responsibilities.

Key Takeaways

✓ Article 359 allows suspension of rights during emergencies.
✓ Rights in articles 20 and 21 remain protected.
✓ Laws made during suspension are temporary across the country.
✓ Presidential orders must be presented to Parliament across the country.
✓ Emergency measures should balance security and individual rights.

FAQs

Article 20 protects against ex-post facto laws and double jeopardy. Article 21 guarantees the right to life and personal liberty, which cannot be suspended during emergencies. These rules help maintain a consistent and fair approach to public administration and governance across the country This ensures clarity under the law. These rules help maintain a consistent and fair approach to public administration and governance across the country.

Laws made during the suspension cease to have effect once the emergency is lifted. They only remain valid for actions taken before the suspension ends. These rules help maintain a consistent and fair approach to public administration and governance across the country This ensures clarity under the law. These rules help maintain a consistent and fair approach to public administration and governance across the country.

Yes, the President can declare an emergency for the whole country or specific areas. However, the declaration must be justified by a threat to national security. These rules help maintain a consistent and fair approach to public administration and governance across the country This ensures clarity under the law. These rules help maintain a consistent and fair approach to public administration and governance across the country.

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