Suspension of Fundamental Rights

Fundamental Rights which has been guaranteed under Part 3 (to ensure basic human rights) of the Indian Constitution can be suspended during National Emergency. Suspension of Fundamental Rights can be done by the article 358 and article 359 of the Indian constitution.

Article 358:

This article deals with the suspension of Fundamental Rights if National Emergency is imposed under Article 352 on the basis of war or external aggression only. As per this article if a national emergency is imposed due to war or external aggression operation of Article 19 gets suspended automatically.

1.No presidential order is required to suspend article 19

2. it deals with article 19 only.

3. Article 19 is automatically suspended if National Emergency is imposed on the basis of war or External disturbances only.

Article 359:

This article deals about the suspension of Fundamental Rights if National Emergency is imposed under Article 352 on any ground (Armed Rebellion, War or External Aggression)

As per this article, Fundamental Rights can be suspended by separate presidential orders which contains terms of suspension.

This article gives power to the president to suspend any fundamental rights except Article 20 and 21.

No separate presidential order is required to revoke the suspension of Fundamental Rights.

Restoration of Fundamental Rights

All the suspended Fundamental Rights during National Emergency under any ground get restored automatically as soon as the National Emergency ended. All the violation of Fundamental Rights which has been done during the suspension of Fundamental Rights can not be claimed.

If any fundamental right is suspended during the National Emergency then you can not approach for its enforcement. Even after the restoration of Fundamental Right when national emergency ended, you can claim the compensation for the damage during the suspension period.

44th Constitutional Amendment Act of 1978

The 44th constitutional amendment act changes the various provisions related to the suspension of fundamental rights.

Before the 44th constitutional amendment article 352 say national emergency can be imposed on the basis of internal disturbance, war or external aggression. After the 44 constitutional amendment act, the word Internal Disturbance has been changed with the word ‘Armed Rebellion‘.

Before the 44th constitutional amendment act president can suspend any fundamental rights during the national emergency but after the 44th constitutional amendment act the article 20 and 21 can not be suspended even during a national emergency.

44th Amendment Act says the Article 19 will be suspended during the National Emergency under Article 352 of the Indian constitution if National Emergency is imposed on the basis of war or External Aggression only.

Special Sitting of Lok Sabha to end National Emergency

Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (1) or a Proclamation varying such Proclamation,-

(a) to the Speaker, if the House is in session; or

(b) to the President, if the House is not in session,

a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.”;