Article 359 of the Costitution of India with Case law
🔹 Article 359 of the Constitution of India – Suspension of the Enforcement of Fundamental Rights during Emergencies
📘 Text of Article 359 (Simplified)
"Suspension of the enforcement of the rights conferred by Part III during emergencies."
Clause (1):
When a Proclamation of Emergency is in operation (under Article 352), the President may by order declare that the right to move any court for the enforcement of such fundamental rights (except Article 20 and 21) shall remain suspended for the duration of the emergency.
Clause (1A):
Even during suspension, laws enacted or executive actions taken must be consistent with the Emergency provisions.
Clause (2):
Any such Presidential order may extend to the whole or part of India, and it may specify which rights are suspended.
⚠️ Key Features of Article 359
| Feature | Description |
|---|---|
| Applies during | National Emergency under Article 352 |
| Effect | Bars courts from enforcing certain Fundamental Rights |
| Scope | Can be total or partial (specific rights, areas, or duration) |
| Exceptions | After the 44th Amendment, Article 20 (protection in criminal offences) and Article 21 (right to life and personal liberty) cannot be suspended |
⚖️ Important Case Laws on Article 359
🔹 ADM Jabalpur v. Shivkant Shukla (1976) – Habeas Corpus Case
Facts: During the 1975 Emergency, several people were detained without trial. They filed habeas corpus petitions challenging illegal detentions.
Held (by majority): Article 359 barred courts from entertaining such petitions. Even right to life under Article 21 was not enforceable.
Impact: Widely criticized as a setback to fundamental rights.
🔹 Justice H.R. Khanna's Dissent (in ADM Jabalpur)
Held: Even in Emergency, Article 21 is inalienable and cannot be suspended.
This dissent laid the groundwork for later constitutional reform.
🔹 Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789
Held: Limited amending power and judicial review are part of the basic structure. Even under Article 359, Parliament's powers are not unlimited.
🔹 K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1
Held: Right to Privacy is a fundamental right under Article 21. Reinforced that Article 20 and 21 cannot be suspended under Article 359.
🔹 Makhan Singh v. State of Punjab, AIR 1964 SC 381
Held: Suspension under Article 359 does not affect all judicial remedies. If a law is ultra vires (beyond powers), courts can still examine it.
🧾 Difference between Article 358 and Article 359
| Feature | Article 358 | Article 359 |
|---|---|---|
| Scope | Applies only to Article 19 | Can apply to any FRs except 20 & 21 |
| Automatic? | Yes, suspension is automatic during emergency | Not automatic – needs Presidential Order |
| Applies to | Only during Article 352 Emergency | Also during external aggression or war |
| Court bar | Temporarily suspends operation of the right itself | Suspends enforcement by courts, not the right itself |
🧠 Conceptual Understanding
🔐 Article 359 doesn’t remove the Fundamental Rights; it only blocks the doors to the courts.
Rights may still exist, but enforcement is barred temporarily.
✅ Conclusion
Article 359 grants the executive a powerful tool to deal with national crises by suspending the enforcement of select fundamental rights, but post-44th Amendment, critical rights like life and liberty (Articles 20 and 21) are protected even in emergencies. Judicial scrutiny and constitutional amendments have now narrowed the misuse of this article.
RELATED Blog
0 comments