terms of Art. 358 do not detract from
that rule. Article 358 expressly authorises the State to
take legislative or executive action provided such action ... provisions contained in Part III of the Constitution.
Article 358 does not purport to invest the- State with
arbitrary authority to take action
Excel Wear Etc vs Union Of India & Ors on 29 September, 1978
Equivalent citations
protection afforded by Article 19 in more than one respect. The learned Advocate General relied upon Article 358 of the Constitution for the view that ... tenability of this view, in the context of the interpretation of Article 358 in relation to enactments prior to the Emergency such as Madras
vital distinction between Arts. 358 and 359 is that
Art 358 suspends the rights only in Article 19 to the
extent that the Legislature ... provides for indemnity. whereas
Article 359(1) does not: Article 359(1A) is on the same
lines as Art. 358 , but Article 359(1A) includes
emergency is lifted. Article 19 which was suspended during the emergency is automatically revived and begins to operate. Article 358 , however, makes it clear that ... Constitution. Whereas simultaneously with the declaration of emergency under Article 352 , Article 358 by its own force removes the restrictions on the power
cannot be the foundation for a Proclamation under Article 358 of the Constitution by the President himself.
(iv) "A Proclamation under Article ... been summoned for its first meeting does not impress me. Article 358 (1) (b) empowers the President, whenever he is satisfied of a constitutional breakdown
under Articles 352(1) and 359(1) of the Constitution. The effect of Proclamation of Emergency under Article 352 is, as per Article 358 ... ground that it violates the provisions of Article 19(1) , in view of Clause (b) of Article 358(2) of the Constitution].
16. The contention
enforcement of the rights conferred by Article 14, Article 21 and Clauses (4), (5), (6) and (7) of Article 22 of the Constitution ... take any executive action without the restrictions imposed by Article 19 of the Constitution ( Article 358 ). During the existence of an emergency therefore, the State
provisions contained in Article 19 of the Constitution, that is immune from attack under Article 358; but a law which is otherwise invalid ... ground of it being violative of Article 19 , such law is not protected by Article 358.
36. Thus, if any of the Rules made after
proclamation being made, the provisions of Article 19 of the Constitution stand suspended by virtue of Article 358 of the Constitution. Article 358 reads ... follows :
"358. While a Proclamation of Emergency is in operation nothing in Article 19 shall restrict the power of the State as defined
