Part XVIII - Emergency Provisions • Article

Article 359A Simplified: Application of this Part to the State of Punjab

Article 359A was added in 1988 to allow the President to suspend the Right to Life (Article 21) in Punjab during the height of militant unrest. It was officially omitted (repealed) in 1990 as soon as the security situation stabilized to restore basic human rights.

Official Text

Omitted by the Constitution (Sixty-third Amendment)Act,1989,s. 3 (w.e.f.6-1-1990).

Simple Meaning

Explain Like Ten

This was a temporary rule made in 1988 during a time of big unrest in Punjab, which allowed the government to declare an emergency there and take away the right to life. It was deleted in 1989 because it was dangerous for democracy.

Student Mode

Inserted by the 59th Amendment Act of 1988. It made special provisions for the state of Punjab, allowing a National Emergency to be declared there on the grounds of 'internal disturbance' and allowing the suspension of Article 21 (Right to Life) under Article 359. Recognizing the threat to civil liberties, Parliament passed the 63rd Amendment Act of 1989, which omitted Article 359A (effective January 1990).

Example

During an Emergency in Punjab under Article 359A, a citizen could be detained indefinitely without a trial, and could not appeal to courts using their Right to Life. This exceptional power was repealed in 1990.

Key Takeaway

The repeal of Article 359A restored constitutional protections for the Right to Life in Punjab.

FAQs

Why was Article 359A inserted in 1988?

It was inserted to deal with the severe militancy and internal disturbance in Punjab, giving the Union Executive extraordinary powers to declare an emergency and restrict judicial review in the state.

Why was Article 359A omitted in 1989?

It was omitted by the 63rd Amendment because suspending the Right to Life (Article 21) was considered a severe violation of human rights and democratic principles, and the situation in Punjab had begun to stabilize.

Quiz

Article 359A was inserted by the 59th Amendment and subsequently omitted by which amendment?

Answer: 63rd Amendment

Which Fundamental Right did Article 359A allow the government to suspend in Punjab?

Answer: Right to Life and Personal Liberty (Article 21)