policy. The impeached policy was a
continuation of the old policy. Article 358 does not apply
to executive action taken during the emergency ... they could not invoke fundamental
rights. Secondly, it was, said that Article 358 of the
Constitution is a bar to any challenge by the petitioners
Article 358 in Constitution of India
358. Suspension of provisions of article 19 during emergencies
(1) While a Proclamation of Emergency declaring that the security ... repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A
article for article 150. 28. Amendment of article 166. 29. Amendment of article 170. 30. Amendment of article 172. 31. Amendment of article ... article 352. 49. Amendment of article 353. 50. Amendment of article 356. 51. Amendment of article 357. 52. Amendment of article 358. 53. Amendment
article for article 103. 15. Amendment of article 105. 16. Amendment of article 123. 17. Amendment of article 132. 18. Amendment of article ... article 329. 36. Omission of article 329A. 37. Amendment of article 352. 38. Amendment of article 356. 39. Amendment of article 358. 40. Amendment
suspended during the emergency. Another important distinction between the two Articles is that Article 358 ... provides for indemnity whereas Article 359(1) does not, Article 359(1 A) is on the same lines as Article 358 but Article
India under Article 359. (1) of the Constitution even
Article 19 did not avail them by virtue of Article 358 but
when the said orders ... order under Article 359(1). The
other distinction is that while the " suspension"* of
Article 19 under Article 358 is co-extensive with
conferred by this article should be exercised during an emergency according to needs of the situation. On the other hand, article 358 renders the provisions ... relation to article 19. It is, therefore, proposed not to have any differences in language between article 358 and the language in respect of those
which is not enumerated in the Union
List."
" Article 358. While a Proclamation of Emer-
gency is in operation, nothing in Article ... Constitution. Whereas simultaneously with the declara-
tion of emergency under Article 352 , Article 358 by its
own force removes the restrictions on the power
Constitution. Whereas simultaneously with the declaration of emergency Under Article 352 , Article 358 by its own force removes the restrictions on the power ... provides for indemnity whereas Article 359(1) does not, Article 359(1A) is on the same lines as Article 358 but Article
that the article does not speak of the suspension of the rights mentioned in Article 19(1) of the Constitution. What Article 358 does ... abridging the rights mentioned in Article 19(1).
26. Article 359 is couched in different terms, While Article 358 suspends the restrictions or fetters placed
