Article 359 In English | Article 359 Of Indian Constitution In English | What Is Article 359

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Article 359 Of Indian Constitution In English

Article 359 – Suspension of the enforcement of the rights conferred by Part III during emergencies.
(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 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.
(1A) While an order made under clause ( 1 ) mentioning any of the rights conferred by Part III (except Article 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions containing 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 order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect Provided that where a 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
(1B) Nothing in clause ( 1A ) 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.
(2) An order made as aforesaid may extend to the whole or any part of the territory of India: Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that 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, considers such extension to be necessary.
(3) Every order made under clause ( 1 ) shall, as soon may be after it is made, be laid before each House of Parliament.

Indian Constitution part 18 articles

Article 359 In English

359 Article – Suspension of the enforcement of the rights conferred by Part III during an emergency.
(1) Where a Proclamation of Emergency is in operation, the President may, by order, declare that it shall be empowered to move any court to enforce such powers conferred by Part III (except Articles 20 and 21). 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.
(1A) When an order made under clause (1) in which any right conferred by Part III (except in Articles 20 and 21) is in operation, nothing conferring on those rights in that Part shall not limit the power of the State to make any law as defined therein or to take any executive action that the State shall be competent or competent to take for the provisions contained in that part, Provided that any law so made shall, to the extent of its competence, cease to have effect as soon as the order aforesaid ceases to apply, except where the effect of the acts done or omitted before the law, provided that where A Proclamation of Emergency shall apply only to any part of the territory of India, or any such law may be made under this article in relation to or to any State or Union territory, any part of which The Proclamation of Emergency is not in force in the U.S., if and so far as any such executive action can be taken. the security of India as to whether any part of its territory is threatened by activities in or in relation to the territory of India in which a proclamation of emergency is in force
(1B) nothing in clause (1A) shall apply
(a) to any law which does not contain a text to the effect that such law relates to a Proclamation of Emergency when it is made; either
(b) for any executive action otherwise taken under a law containing such a text.
(2) An order made as aforesaid may extend to the whole or any part of India: Provided that where a proclamation of emergency is in force only in a part of the territory of India, any such order shall not extend to any other part of the territory of India, unless the President is satisfied that the security of India or any part of its territory is threatened by activities in or in relation to the territory of India in which a proclamation of emergency is in force, considers such extension necessary.
(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.

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 359 Of Indian Constitution?

Article 359 Debate Summary

Draft Article 280 (Article 359, 1950 of the Constitution of India) was discussed in the Constituent Assembly on 4 and 20 August 1949. Under the draft Article 25, Indians could approach the courts for a remedy if their fundamental rights were violated. The draft Article 280 gave the President the power to suspend this provision for a period of six months during the Emergency.

During the debate the chairman of the drafting committee introduced an amendment that limited the suspension of fundamental rights to only a part of the country and required parliamentary approval of the presidential order.

The amendment had no effect on the normal duration of the debate which was contrary to the draft article. Members feared that it promoted abuse of power by the executive, undermined protections for citizens against arbitrary state action and did not take adequate safeguards against its abuse. One member was particularly concerned that the draft article took away habeas corpus – a writ that was available even during colonial rule; He proposed an amendment which protected the writ. A group of members reluctantly stated that if such power should exist, it should be exercised by the Parliament and not by the executive.

A small group of members came out in support of the draft article and argued that these powers were necessary to ensure that the state could uphold the liberties of the people. A member of the drafting committee stated that ‘the war cannot be fought on the principles of Magna Carta’. He reminded the House that these powers are vital for the survival of the state. After all, it was the state that guaranteed independence in the first place.

Despite strong opposition, the chairman of the drafting committee remained unconvinced and defended the draft article. He argued that there was a universal agreement that fundamental rights were not absolute, only that there was disagreement about ways to reduce them. He said that there are adequate safeguards within the Article to ensure that the President does not abuse his power. The President could not issue an order in his personal capacity – he would be directed by the executive which in turn was drawn from and accountable to Parliament.

The amended Article 280 was adopted as part of the Constitution by the Chairman of the Drafting Committee on 20 August 1949 and the rest of the amendments were rejected.

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