Home The Constitution Part XVIII Article 358

Art. 358 Part XVIII: Emergency Provisions

Suspension of Provisions of Article 19 During Emergencies

Exact text — Constitution of India

(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... to make any law or to take any executive action which the State would but for the provisions contained in Part III be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate...

In Plain English

What this Article actually means

This Article automatically suspends Article 19's six freedoms for laws/executive actions connected to the Emergency — but crucially, only for a National Emergency declared on grounds of WAR or EXTERNAL AGGRESSION, not one declared for 'armed rebellion' (an important distinction added by the 44th Amendment specifically to prevent this automatic suspension from applying to a purely internal-unrest Emergency, learning from 1975-77's experience).

Why This Matters To You

How it shows up in everyday life

This means even during a National Emergency, if it's declared because of internal armed rebellion rather than war/external aggression, your Article 19 freedoms (speech, assembly, movement, etc.) aren't automatically suspended the way they would be during a war-triggered Emergency — a deliberate, hard-won post-Emergency safeguard.

Read alongside this one

Art. 19 — Protection of Six Freedoms Art. 352 — Proclamation of National Emergency

Frequently Asked

Quick answers about Article 358

Does this Article apply automatically, or does the government have to specifically invoke it?

It applies automatically once a war/external-aggression National Emergency is declared, without needing separate government action — though any specific law/action must still relate to the Emergency's purpose.

← PreviousArticle 357: Exercise of Legislative Powers Under Article 356 Next →Article 359: Suspension of the Enforcement of the Rights Conferred by Part III During Emergencies

The text above reproduces Article 358 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.