Definition
During emergency.
Certain rights can be suspended during national emergency.
Statutory Definition
Article 359 Constitution.
Etymology & Origin
A constitutional safety mechanism allowing the State to prioritize national survival and security over individual liberties during times of extreme crisis (Emergency).
Full Legal Analysis
During a proclamation of National Emergency (under Article 352, due to war, external aggression, or armed rebellion), the Constitution permits the temporary suspension of certain Fundamental Rights to allow the State extraordinary powers to deal with the crisis.
This suspension operates via two distinct mechanisms: Article 358 automatically suspends the six freedoms guaranteed by Article 19 the moment an emergency based on war or external aggression is declared. Article 359 empowers the President to suspend the right to move any court for the enforcement of other specified Fundamental Rights.
Crucially, the 44th Constitutional Amendment Act (passed after the 1975-77 Emergency) curtailed this power drastically. It established that the rights under Article 20 (protection against ex post facto laws, double jeopardy, self-incrimination) and Article 21 (protection of life and personal liberty) can never be suspended, even during a National Emergency.
A notorious judgment where the Supreme Court held that during an Emergency, citizens have no locus standi to file habeas corpus writs if detained illegally. This dark chapter was subsequently nullified by the 44th Amendment, ensuring Article 21 can never be suspended.
For constitutional lawyers, understanding the limits of emergency powers is critical to protecting civil liberties against potential authoritarian overreach by the executive.
This Term in Indian Statutes
Constitution of India, 1950
"Suspension of the enforcement of the rights conferred by Part III during emergencies."
The provision granting the executive extraordinary powers to curtail liberties during a crisis.
