Article 358 Constitution: Suspension of provisions of article 19 during emergencies

Article 358: Suspension of provisions of article 19 during emergencies

¹[(1)] ²[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:

³[Provided that ⁴[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.]

⁵[(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.]

Footnotes in the official text

1.Art. 358 re-numbered as cl. (1) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39 (w.e.f. 20-6-1979).
2.Subs. by s. 39, ibid, for "While a Proclamation of Emergency is in operation" (w.e.f. 20-6- 1979).
3.Added by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-1977).
4.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for "where a Proclamation of Emergency" (w.e.f. 20-6-1979).
5.Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, (w.e.f. 20-6-1979).

Questions on this article

6 questions in 11 of our papers cite Article 358. Try these from the free papers:

1. A Proclamation of Emergency under Article 352 is in operation, issued solely on the ground that the security of a part of India is threatened by armed rebellion. No order has been made under Article 359. A State enacts a law that would otherwise be void for violating Article 19. Does Article 358 by itself protect the law from challenge under Article 19?
2. Assertion (A): Article 358 of the Constitution comes into operation when a Proclamation of Emergency declaring that the security of India is threatened by war or by external aggression is in operation. Reason (R): Article 358 comes into operation in the same way when the Proclamation of Emergency is made on the ground of armed rebellion.
3. While a Proclamation of Emergency declaring that the security of India is threatened by external aggression is in operation, State X enacts a law restricting speech in a manner that Article 19(2) would not permit. The law contains no recital that it is in relation to the Proclamation. No order under Article 359 has been made. A citizen challenges the law under Article 19 while the Proclamation is in operation. The challenge: