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Article 358 Of Indian Constitution In English
Article 358 – Suspension of provisions of Article 19 during emergencies.
(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in Article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the in competency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: Provided that where such Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.
(2) Nothing in clause ( 1 ) shall apply (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital.
Article 358 In English
358 Article – Suspension of provisions of Article 19 during emergency.
(1) Where a proclamation of emergency declares that the security of India or any part of its territory is threatened by war or external aggression, nothing in article 19 shall restrict the power of a State as defined in Part III To make any law or to take any executive action which the State shall be competent or competent to take for the purposes of the provisions contained in that Part, but no law so made shall, to the extent of its competence, come into force as soon as may be prescribed. that the proclamation ceases to act in respect of an act done or omitted before law, therefore ceases to have effect: Provided that where such a proclamation of emergency applies only to any part of the territory of India, any such whatever law may be applicable, or any such executive action may be taken, under this article or in relation to any State or Union territory to which or any part of which a proclamation of emergency is not applicable, If and so far as security is concerned, India or any part of its territory Danger from activities in or in relation to the area in which a proclamation of emergency is in operation.
(2) Nothing in clause (1) shall apply (a) to any law which does not contain a text to the effect that such law relates to a declaration of emergency when it is made; or (b) for any executive action otherwise taken under the law containing such a suit.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 358 Of Indian Constitution?
Article 358 Debate Summary
The draft Article 279 (Article 358 of the Constitution of India, 1950) was discussed in the Legislative Assembly on 4 August 1949. During the Emergency, it gave the state the power to suspend the freedoms guaranteed under the draft Article 13 (hyperlink), including liberties. Freedom of speech and expression, freedom to assemble and form associations, freedom to practice any profession and, freedom to move, reside and settle in any part of India.
The draft article attracted much criticism. A member argued that this was redundant as the draft Article 13 comes under Part III of the Constitution which would in any case be suspended during the Emergency through Draft Article 280 (hyperlink). Another member insisted that violating fundamental rights in this way amounts to declaring martial law. Further, the members pointed out that the draft Article 13 placed limits on fundamental rights on grounds of public safety, public order and security of the State. Therefore, there was no need for the draft Article 279.
A member moved an amendment to replace ‘State’ with ‘Parliament’. He argued that since an emergency like war could last for years, he relied only on Parliament and not any executive authority, to exercise the power to deprive the people of their fundamental rights. Otherwise, the Constitution, he continued, gives rights through one provision and takes them away through another. A member supported this amendment, saying that only Parliament is ‘capable’ to have such powers.
The chairman of the drafting committee defended the draft article. He opposed the amendment seeking to give sole power to Parliament to suspend fundamental rights, pointing to the provisions of the draft Article 13, which already empowered both the central and state legislatures and authorities to limit fundamental rights. Had given. He argued that there was no reason why such power, which would exist under normal circumstances, should be confined to Parliament only during an emergency.
He also clarified that there was no overlap between the draft Articles 279 and 280. Draft Article 279 gave the state the power to make laws, regardless of its effect on fundamental rights under draft Article 13, while 280 gave it the power to suspend all fundamental rights. Under Part III. He felt that unless such power to make laws is explicitly given to the state under the draft Article 279, the powers to suspend the rights as per the draft Article 280 would be of no consequence.
Finally, on 4 August 1949, all the amendments were rejected and the Assembly adopted the draft Article 279 as part of the Constitution.
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