Actual Article
Article 358: Suspension of provisions of Article 19 during emergencies
(1) While a Proclamation of Emergency 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 wherein or in relation to which the Proclamation of Emergency is not in operation, if and insofar as the competent Legislature or executive, as the case may be, has power to make such law or to take such executive action in relation to that part of the territory of India.
(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.
UPSC Notes for Article 358
Explanation:
- Suspension of Article 19: Article 358 allows for the suspension of the provisions of Article 19 (which deals with the protection of certain rights regarding freedom of speech, etc.) during a Proclamation of Emergency.
- State Powers: Empowers the State to make laws or take executive action without being restricted by Article 19 during an emergency.
- Temporary Laws: Laws made under this suspension cease to have effect as soon as the Proclamation of Emergency ends, except for actions taken while it was in effect.
- Proclamation Specificity: The suspension applies only if the Proclamation of Emergency affects the entire country or specific parts, and laws must explicitly state they are made in relation to the emergency.
Key Points:
- Emergency Powers: Grants the State expanded powers to ensure national security and stability during emergencies, overriding the freedoms guaranteed under Article 19.
- Temporary Nature: Ensures that such laws are temporary and revert once the emergency is over, maintaining the balance between security and individual freedoms.
- Recital Requirement: Requires laws and executive actions to include a specific recital linking them to the Proclamation of Emergency, ensuring clarity and accountability.
Important Cases and Commissions Related to Article 358
Cases:
- Kedar Nath Singh vs. State of Bihar (1962): The Supreme Court upheld the constitutionality of restrictions on freedom of speech under certain circumstances, highlighting the balance between national security and individual rights.
- S.R. Bommai vs. Union of India (1994): The Supreme Court emphasized the importance of judicial review in preventing the misuse of emergency powers, including the suspension of Article 19.
Commissions:
- Sarkaria Commission (1983): Recommended guidelines for the use of emergency provisions, including Article 358, to ensure they are not misused.
- Punchhi Commission (2010): Suggested reforms to enhance checks and balances on the use of emergency powers, including the suspension of Article 19 rights.
Important Reports Related to Article 358:
- Sarkaria Commission Report: Provided recommendations on the use of emergency provisions, emphasizing the need for judicial review and legislative oversight.
- Punchhi Commission Report: Offered additional safeguards to prevent the misuse of emergency powers and protect fundamental rights.
Previous Year Prelims Questions Related to Article 358
- (UPSC Prelims 2016) What does Article 358 of the Indian Constitution provide for during an emergency?
A. Suspension of Article 21
B. Suspension of Article 32
C. Suspension of Article 19
D. Suspension of Article 14 Correct Answer: C. Suspension of Article 19 - (UPSC Prelims 2018) Under Article 358, when can the State make laws or take executive actions without being restricted by Article 19?
A. During a Proclamation of Emergency
B. During a financial emergency
C. During a natural disaster
D. During a session of Parliament Correct Answer: A. During a Proclamation of Emergency
Previous Year Mains Questions Related to Article 358
- Mains 2016: “Discuss the implications of Article 358 on the fundamental rights guaranteed under Article 19 during an emergency. How does this provision balance national security and individual freedoms?”
- Mains 2019: “Evaluate the role of judicial review in the context of Article 358. How has the judiciary ensured the protection of fundamental rights during the suspension of Article 19?”
Additional Insights:
- Balancing Act: Article 358 represents a balancing act between ensuring national security during emergencies and protecting individual freedoms.
- Judicial Oversight: The judiciary plays a crucial role in reviewing the use of Article 358 to prevent misuse and protect fundamental rights.
- Temporary Measures: Ensures that the suspension of Article 19 rights is temporary and reverts once the emergency ends, maintaining the constitutional balance.
Understanding Article 358 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for the suspension of Article 19 during emergencies, highlighting the balance between national security and individual freedoms. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the protection of the nation and the preservation of fundamental rights within the Indian Constitution.