Actual Article
Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies
(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except Articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except Articles 20 and 21) is in operation, nothing in Part III 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 order 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 other part of the territory of India.
(2) An order made as aforesaid may extend to the whole or any part of the territory of India.
(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.
UPSC Notes for Article 359
Explanation:
- Suspension of Rights: Article 359 empowers the President to suspend the right to move any court for the enforcement of the fundamental rights conferred by Part III of the Constitution (except Articles 20 and 21) during an emergency.
- Scope and Duration: The suspension applies for the duration of the emergency or for a shorter period specified in the order.
- Legislative and Executive Actions: While such an order is in operation, the State can make laws or take executive actions without being restricted by the suspended rights, but these laws will cease to have effect once the order ends, except for actions already taken.
- Parliamentary Oversight: The order must be laid before each House of Parliament as soon as possible, ensuring legislative scrutiny.
Key Points:
- Temporary Suspension: Provides for the temporary suspension of certain fundamental rights to address emergencies effectively.
- Exclusions: Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty) cannot be suspended, ensuring basic protections remain intact.
- Parliamentary Oversight: Ensures that the suspension of rights is subject to parliamentary scrutiny, maintaining a check on executive power.
Important Cases and Commissions Related to Article 359
Cases:
- ADM Jabalpur vs. Shivkant Shukla (1976): Also known as the Habeas Corpus case, the Supreme Court ruled that during an emergency, the right to seek enforcement of fundamental rights could be suspended under Article 359. This judgment faced significant criticism and was later overruled.
- K.S. Puttaswamy vs. Union of India (2017): Emphasized the importance of fundamental rights and judicial oversight, underscoring the need for protecting rights even during emergencies.
Commissions:
- Sarkaria Commission (1983): Recommended safeguards for the use of emergency provisions, including Article 359, to prevent misuse.
- Punchhi Commission (2010): Suggested reforms to enhance checks and balances on the suspension of fundamental rights during emergencies.
Important Reports Related to Article 359:
- Sarkaria Commission Report: Emphasized the need for judicial and legislative oversight to prevent the misuse of emergency provisions.
- Punchhi Commission Report: Offered recommendations for safeguarding fundamental rights and ensuring that emergency powers are used judiciously.
Previous Year Prelims Questions Related to Article 359
- (UPSC Prelims 2016) What does Article 359 of the Indian Constitution provide for during an emergency?
A. Suspension of all fundamental rights
B. Suspension of the right to move any court for the enforcement of certain fundamental rights
C. Suspension of the right to property
D. Suspension of the right to freedom of religion Correct Answer: B. Suspension of the right to move any court for the enforcement of certain fundamental rights - (UPSC Prelims 2018) Which fundamental rights cannot be suspended under Article 359 during an emergency?
A. Articles 19 and 21
B. Articles 20 and 21
C. Articles 14 and 19
D. Articles 19 and 22 Correct Answer: B. Articles 20 and 21
Previous Year Mains Questions Related to Article 359
- Mains 2016: “Discuss the implications of Article 359 on the enforcement of fundamental rights 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 359. How has the judiciary ensured the protection of fundamental rights during the suspension of enforcement?”
Additional Insights:
- Balancing Act: Article 359 represents a balancing act between ensuring national security during emergencies and protecting individual freedoms.
- Judicial and Legislative Oversight: The judiciary and Parliament play crucial roles in overseeing the use of Article 359 to prevent misuse and protect fundamental rights.
- Historical Context: The use and misuse of Article 359 during the Emergency of 1975-77 highlight the importance of safeguards and oversight.
Understanding Article 359 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for the suspension of enforcement of fundamental rights 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.