What is Article 358 of indian constitution

 

What is Article 358 of indian constitution

Article 358 of the Indian Constitution

Title: Suspension of provisions of Article 19 during emergencies

---

🔷 Explanation of Article 358:

Article 358 provides that when a National Emergency is proclaimed under Article 352 due to war or external aggression, the rights under Article 19 (freedom of speech, assembly, etc.) are automatically suspended for the duration of the Emergency.

🔴 Note: This does not apply to an Emergency proclaimed due to armed rebellion (after the 44th Amendment, 1978).

---

✅ Key Provisions:

Aspect	Details
Which Emergency?	National Emergency under Article 352 due to war or external aggression
Effect on Article 19	Automatically suspended for the period of Emergency
Which Rights are Affected?	All seven freedoms under Article 19, such as:

1. Freedom of speech

2. Freedom to assemble

3. Freedom to form associations

4. Freedom to move freely

5. Freedom to reside anywhere

6. Freedom of profession

7. Freedom to own property (until 1978, now repealed) |
   | Government's Power | The State can make laws or take executive action that violates Article 19, without judicial scrutiny |
   | Duration | Suspension lasts as long as the Emergency, and extends to laws made during Emergency even after it ends, unless repealed |

---

🛡️ 44th Constitutional Amendment (1978) Changes:

Before 1978	After 1978
Article 19 could be suspended for any National Emergency	Now, only during war or external aggression, not during armed rebellion
Laws violating Article 19 continued even after Emergency	Now, such laws cease to have effect after Emergency ends, unless re-enacted

---

📝 Example:

• During the Indo-China War (1962) and Indo-Pak War (1971), Article 19 rights were suspended so the government could restrict speech and movement for national security.

---

⚠️ Important Clarification:

• Only Article 19 is affected under Article 358.

• Other Fundamental Rights (like Article 21 – Right to Life) remain protected unless a Presidential Order under Article 359 suspends them.

---

Here is a comparison chart between Article 358 and Article 359 of the Indian Constitution:

---

🗂️ Comparison Chart: Article 358 vs Article 359

Aspect	Article 358	Article 359
Title	Suspension of provisions of Article 19 during emergencies	Suspension of the enforcement of Fundamental Rights during emergencies
What is suspended?	Automatically suspends Article 19 rights	Suspends the right to move the courts to enforce some or all Fundamental Rights
Applies to which rights?	Only Article 19	All Fundamental Rights (except Articles 20 & 21, post-44th Amendment)
When is it applicable?	Only during National Emergency due to war or external aggression (not armed rebellion)	During any type of National Emergency (war, external aggression, or armed rebellion)
Is it automatic?	Yes, suspension of Article 19 happens automatically	No, requires a Presidential Order to suspend enforcement of rights
What is affected?	The rights themselves are suspended — laws can directly violate Article 19	Only the right to approach courts is suspended — rights still exist but cannot be enforced
Who issues the order?	Operates directly under Article 352	Requires a Presidential Proclamation under Article 359
Duration of effect	For the entire duration of Emergency, plus continuation of laws made under it	As specified in the Presidential Order
Articles excluded	Only Article 19 is targeted	Articles 20 and 21 cannot be suspended (after 44th Amendment, 1978)
Example	In the 1971 war, Article 19 rights were suspended automatically	During the 1975 Emergency, a Presidential Order under Article 359 suspended enforcement of many rights, except Articles 20 & 21

---

📝 Summary:

• 🔒 Article 358: Suspends Article 19 itself, but only for war/external aggression.

• ⛔ Article 359: Suspends your right to go to court to enforce most Fundamental Rights (except 20 & 21), but only via Presidential Order.

---