What is Article 359 of Indian constitution

www.hinsoli.com July 11, 2025

Article 359 of the Indian Constitution

Title: Suspension of the enforcement of the rights conferred by Part III during emergencies

🔷 Explanation of Article 359:

Article 359 empowers the President of India to suspend the right to approach any court to enforce Fundamental Rights (except Articles 20 and 21) during a National Emergency.

⚠️ Important: It does not suspend the rights themselves, only bars their enforcement in courts.

✅ Key Provisions:

Clause	What it means
(1)	During a National Emergency, the President may issue an order stating that the right to move any court for enforcement of specified Fundamental Rights is suspended.
(2)	The suspension applies only to the rights mentioned in the Presidential Order, and only for the duration specified.
Exception	After the 44th Amendment (1978), Articles 20 and 21 (protection in respect of conviction & right to life and liberty) cannot be suspended under any circumstances.

🟢 Key Points:

Aspect	Details
Applicable During	Any type of National Emergency under Article 352
Who Acts?	President of India, through a Presidential Order
What is Suspended?	Right to move court for enforcement of specified Fundamental Rights
What Remains Intact?	The Fundamental Rights themselves (they are not nullified)
Exceptions	Article 20 (Protection in criminal convictions) and Article 21 (Right to life and liberty) cannot be suspended
Scope	Can be made applicable to entire India or a part of it, and for all or some Fundamental Rights

📌 Purpose of Article 359:

To allow the government more flexibility and freedom in implementing emergency measures without being restrained by litigation over Fundamental Rights.

📝 Example:

During the 1975 Emergency, a Presidential Order was issued suspending the right to approach courts to enforce Articles 14, 19, 21, and 22.
- Post 44th Amendment, Articles 20 & 21 cannot be included in such an order.

⚖️ Judicial View:

S.R. Bommai Case (1994) and ADM Jabalpur Case (1976) examined the scope and misuse of this Article.
After public and legal criticism, the 44th Constitutional Amendment permanently protected Articles 20 and 21.