EMERGENCY PROVISIONS UNDER THE INDIAN CONSTITUTION

NATIONAL EMERGENCY

ART 352 (1) If the President is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect, in respect of the whole or such part of the territory thereof.........,

ART 353 While a Proclamation of emergency is in operation, then (a) not withstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised..........,

ART 355 It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

ART 358(1) While a proclamation of emergency is in operation, nothing in Art 19

( Fundamental freedoms) shall restrict the power of the state to make any law in which the state would but for the provisions of Art 19 be competent to make.........,

ART 359 (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 3 (fundamental rights) except ( Art 20 & 21 ) and all proceedings pending in any Court for the enforcement of the same shall remain suspended for the period during which the proclamation is in force........,

Thus as soon as a Proclamation has been issued, Art 19 is suspended and the power of the legislature and the executive is made wider. The suspension of Art 19 during the pendency of emergency removes the fetters on the legislature and executive powers by 19 and if legislature makes laws or the executive commits acts which are inconsistent with the rights guaranteed by Art 19, their validity is not open to challenge either during the continuance of the emergency or thereafter. Art 358 makes it clear that things done or omitted to be done during cannot be challenged even after emergency is over.

Under Art 359, the rights are not expressly suspended, but the citizen is deprived of his right to move any court for their enforcement.

ART 360 if the President is satisfied that a situation has arisen whereby the financial stability or credit of India is affected, he may make a Proclamation to that effect.....,

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