Home The Constitution Part XVIII Article 359

Art. 359 Part XVIII: Emergency Provisions

Suspension of the Enforcement of the Rights Conferred by Part III During Emergencies

Exact text — Constitution of India

(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 articles 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.

In Plain English

What this Article actually means

Unlike Article 358 (which suspends Article 19 automatically), this Article requires the President to specifically ORDER which Fundamental Rights' enforcement is being suspended during any Emergency (not just a war-based one) — and, critically, Articles 20 and 21 are permanently excluded from this suspension power, a safeguard added by the 44th Amendment directly in response to the notorious ADM Jabalpur ruling during the 1975-77 Emergency.

Why This Matters To You

How it shows up in everyday life

This Article's post-1978 form is a direct, deliberate constitutional correction of one of the darkest chapters in Indian judicial history — protecting your right to life and personal liberty (Article 21) and protection against retrospective punishment/double jeopardy/self-incrimination (Article 20) from ever being suspended, no matter how severe a future Emergency might be.

Landmark Cases

How courts have interpreted this Article

ADM Jabalpur v. Shivkant ShuklaAIR 1976 SC 1207 — The infamous 'Habeas Corpus case' where the Supreme Court controversially held that even Article 21 could be suspended during the 1975-77 Emergency — a ruling so widely condemned afterward that it directly led to the 44th Amendment permanently excluding Articles 20 and 21 from this Article's suspension power. Verify this case

K.S. Puttaswamy v. Union of India(2017) 10 SCC 1 — Explicitly and unanimously repudiated ADM Jabalpur's reasoning, affirming that rights like life and personal liberty are inherent to a person, not something the State merely permits to exist. Verify this case

Read alongside this one

Art. 21 — Protection of Life and Personal Liberty Art. 20 — Protection in Respect of Conviction for Offences

Frequently Asked

Quick answers about Article 359

Can my right to life be suspended during any future Emergency?

No — since the 44th Amendment, Articles 20 and 21 are permanently excluded from this Article's suspension power, regardless of how severe a future Emergency might be; this is one of the strongest, most hard-won safeguards in the entire Constitution.

← PreviousArticle 358: Suspension of Provisions of Article 19 During Emergencies Next →Article 360: Provisions as to Financial Emergency

The text above reproduces Article 359 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.