When can fundamental rights be suspended?Which provisions of constitution deals with suspension of fundamental rights?What is the difference between Art 358 and Art 359 of constitution ?
When the national emergency is proclaimed under Art 352 on the grounds of war or external aggression,then Art 358 states that the fundamental rights given under Art 19 shall stand automatically suspended for the duration of national emergency.
If national emergency is proclaimed on the ground of war ,external aggression or armed rebellion then Art 359 states that the president by a separate proclamation may suspend the enforcibility of one or more of the fundamental rights except the fundamental rights given under Art 20 and Art 21.
Difference between Art 358 and Art 359
- It applies only in case Suspension of fundamental rights during external emergency
- It deals with suspension of Art 19
- Their is automatic suspension of Art 19
- The fundamental rights given under Art 19 themselves are suspended
- The union executive doesn’t enjoy any discretionary power in suspending the fundamental right under Art 19
- It is relevant both in case of external and internal emergency
- It deals with enforcibility of fundamental rights except Art 20 and Art 21
- It is the enforcibility of fundamental rights that are suspended and not the fundamental rights themselves
- Union Executive enjoys considerable discretionary power to suspend or not the restore the enforcibilty of fundamental rights
when the national emergency comes to end all the suspended fundamental rights automatically spring back to live. However the individual cannot go to court to get redressal for the sufferings they had undergone when the fundamental rights were not made available.