What is Article 359 of Indian Constitution – Defination & Meaning

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies (1) Where a Proclamation of Emergency is in operation, the
📅 Part XVIII – Emergency Provisions
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359

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Part XVIII – Emergency Provisions

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Bare Acts Text

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies

  • (1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
  • (1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except articles 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part 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 order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:
  • Provided that where a 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.
  • (1B) Nothing in clause (1A) 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.
  • (2) An order made as aforesaid may extend to the whole or any part of the territory of India:
  • Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that 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, considers such extension to be necessary.
  • (3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.
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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

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.

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
– Ensures emergency measures are temporary and subject to review
– Prevents arbitrary actions against citizens under normal circumstances
– Requires transparency as orders must be presented to Parliament

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.

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.

Key Takeaways

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

FAQs

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.

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.

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.

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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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