Article 359

January 10, 2024

8 Minutes

Article 359 of the Constitution of India

Introduction

The Constitution of India, a guiding document for the world's largest democracy, has special rules called Emergency Provisions to deal with serious situations. These rules show that the people who made the manual were thinking ahead and planning for various scenarios. Emergencies, instances of suspending certain rights during crises, are integral to this framework. In this article, we delve into Article 359, a vital clause within the Emergency Provisions.

Emergency and its Provisions in India

• Emergencies in India, including the 1962 Indo-China war, the 1971 Indo-Pak war, and the internal emergency from 1975 to 1977, have significantly shaped the understanding of emergency provisions.
• Emergency Provisions, encompassed in Articles 352 to 360, grant authorities specific powers during challenging times, empowering the state to safeguard the nation's security, integrity, and public order.
• Article 359 emerges as a pivotal clause within this broader framework. It plays a key role in finding a balance between individual rights and national security when there are emergencies.

Relevance for UPSC Aspirants

For UPSC aspirants, it's crucial to understand the ins and outs of our Constitution, particularly the Emergency Provisions. This knowledge is vital as questions about Article 359 may pop up in the exam, checking how well candidates grasp legal provisions during emergencies. This topic falls under the 'Indian Polity' section of the UPSC syllabus but is also relevant for the ‘Governance’ part.

What is Article 358?

Article 359 addresses the suspension of certain fundamental rights during emergencies. When a Proclamation of Emergency is in force, the President can order the suspension of the right to move any court for the enforcement of specific rights conferred by Part III of the Constitution, excluding Article 20 and 21.

Verbatim of Article 358

"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 Article 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."

Understanding Article 358

Proclaimation of Emergency and Rights Suspension

During a Proclamation of Emergency, the President can issue an order under Article 359, specifying the suspension of certain rights. These rights, conferred by Part III of the Constitution, remain suspended for the duration of the emergency or a shorter period as mentioned in the order.

State’s Power Despite Suspension of Rights

Article 359(1A) clarifies that while the order is in effect, the power of the State to make laws or take executive actions is not restricted by the rights mentioned in Part III. However, any law made during this period ceases to have effect once the order expires, except for actions taken before the cessation.

Exceptions to the Suspension of Rights

Article 359(1B) introduces exceptions, stating that the provisions of Article 359(1A) do not apply to laws without a recital related to the emergency or executive actions taken without a law containing such a recital.

Territorial Expansion

Article 359(2) outlines the territorial scope of the order, extending to the entire or specific parts of India as determined by the President. However, it may not extend to regions unaffected by the emergency unless deemed necessary for the security of India.

Parliamentary Accountability

Article 359(3) mandates that any order made under Article 359(1) must be presented before both Houses of Parliament promptly.

Article 358 vs Article 359

Conclusion

In navigating the intricacies of constitutional provisions, understanding Article 359 is crucial for comprehending the delicate balance between individual rights and national exigencies. Aspirants preparing for UPSC examinations should prioritize a detailed study of these provisions to navigate questions effectively.

Practice Questions

Multiple Choice Questions (MCQs)

Q1: In the context of Emergency Provisions in the Indian Constitution, what is the nature of suspension of rights under Article 358? 

A. Automatic suspension of rights upon Emergency Proclamation 

B. Specific order required from the President for suspension 

C. Immediate upon the Proclamation of Emergency 

D. Requires a distinct order from the Prime Minister to specify which rights are suspended

Answer: C

Q2: Which of the following is a key difference between Article 358 and Article 359 in the Indian Constitution? 

A. Article 358 requires a specific order for the suspension of rights, while Article 359 has automatic suspension. 

B. Article 359 covers a broad scope of fundamental rights, unlike Article 358 which has a targeted approach. 

C. Article 359 allows for a nuanced consideration of affected rights, whereas Article 358 is less nuanced. 

D. Article 358 requires parliamentary accountability, whereas Article 359 does not.

Answer: B

Q3: Consider the following statements regarding Article 359 of the Indian Constitution:

Statement 1: Article 359 addresses the suspension of fundamental rights during emergencies. 

Statement 2: The President can order the suspension of all rights conferred by Part III of the Constitution under Article 359. 

Statement 3: The power of the State to make laws or take executive actions is restricted during the suspension of rights as per Article 359(1A). 

Select the correct statements using the code given below: 

A. 1 & 2 

B. 2 & 3 

C. 1 & 3 

D. Only 1

Answer: C

Mains Practice Question

Q4: Evaluate the significance of Article 359 in the Indian Constitution, discussing its role in balancing individual rights with national security during times of emergency. Analyze the key provisions of Article 359 and their implications on citizens' rights, and discuss whether the parliamentary accountability outlined in the article is adequate in ensuring a check on executive actions during emergencies. (250 words)

Model Answer:

The Indian Constitution, our guide in times of challenge, has special rules for emergencies. Article 359 is one such rule, crucial for handling tough situations while keeping a balance between personal rights and national safety. This article dives into the importance, key points, and effects of Article 359.

Key Points of Article 359: Article 359 lets the government pause specific rights during emergencies, giving power to protect the nation. Unlike Article 358, which stops rights automatically, Article 359 needs a special order from the President. This way, only the most important rights are stopped, preventing too much control.

Effects on People's Rights: Article 359(1A) says that even if rights are stopped, the government's power to make laws or take actions is not limited. But any laws made during this time stop working once the order ends. This keeps a check on possible misuse of power during emergencies, making sure it's only temporary.

Checking by Parliament: Article 359(3) makes it necessary to show any order made under Article 359(1) to both parts of Parliament. Though this adds transparency, some question if it's enough to really check what the government does. This points to the need for a more thorough check to prevent possible misuse.

Conclusion

Article 359 is a vital part of our Constitution during emergencies, finding a careful balance between personal rights and keeping our country safe. Its special approach, combined with rules to avoid misuse, ensures a needed balance when facing tough times. As India moves forward, understanding Article 359 helps us see how power and checks work during emergencies.