Part XVIII - Emergency Provisions • Article

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

Article 358 automatically suspends the six freedoms of Article 19 during a National Emergency declared due to war or external aggression (amendments omitted specific immunities to prevent suspension during internal disturbance).

Official Text

[(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-. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for "where a Proclamation of Emergency" (w.e.f. 20-6-1979). 6. Ins. by s. 39,ibid. (w.e.f. 20-6-1979). MERGENCY P ROVISIONS ) (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.]

Simple Meaning

Explain Like Ten

If the country is attacked by another country, the basic freedoms under Article 19 (like speaking freely or gathering in groups) are temporarily paused so the government can defend the nation. This does NOT happen for internal riots.

Student Mode

Governs the suspension of Article 19 (Fundamental Freedoms) during a National Emergency. Crucially, the automatic suspension of Article 19 only occurs when the emergency is declared on grounds of War or External Aggression (external emergency), NOT Armed Rebellion (internal emergency), as amended by the 44th Amendment in 1978. Any emergency laws must contain a recital stating they are made under the emergency proclamation.

Example

During the 1962 China War, India declared an Emergency under Article 352. Article 358 automatically suspended citizens' six freedoms under Article 19 during that period. Parliament passed the Defence of India Act using this suspension. In contrast, during the 1975 Emergency, Article 358 was controversially used to justify widespread press censorship and detention. The 44th Amendment (1977) narrowed Article 358 — it now applies only to emergencies arising from external aggression, not internal disturbance.

Key Takeaway

Article 358 is historical, not an active rule; remember it as an amended provision on suspension of provisions of article 19 during emergencies.

FAQs

What is the difference in Article 19's suspension between external and internal emergencies?

Under Article 358, Article 19 is automatically suspended only during an external emergency (war/external aggression). During an internal emergency declared on grounds of 'armed rebellion', Article 19 freedoms cannot be suspended.

What is the 'recital' requirement under Article 358(2)?

To protect citizens, any law or executive action restricting freedoms must contain an explicit statement (recital) that it is made in relation to the Proclamation of Emergency. Laws without this recital are invalid and can be challenged in court.

Quiz

Under Article 358, Article 19 freedoms are automatically suspended only during emergencies declared on grounds of:

Answer: War or External Aggression

Which amendment limited the suspension of Article 19 under Article 358 to external emergencies only?

Answer: 44th Amendment