respects things done or omitted to be done" found in Article 358 of the Constitution are literally carried over in Clause ... itself and Article 858 suspends the provisions of Article 19 during such emergency, the saving provided in the said Article has been reproduced
rights under Article 19 of the Constitution get suspended on account of the provisions of Article 358 of the Constitution. The aforesaid Article provides that ... rights guaranteed under Article 19 which was suspended during the emergency is automatically revived and begins to operate. Article 358 however makes it clear that
jurisdiction to entertain the writ petitions under Article 226(1A) of the Constitution. Now Article 358 provides that while a proclamation of emergency ... jurisdiction of the Court under Article 226(1A) of the Constitution. Because of the issue of proclamation under Article 358 , the operation of Article
Binoy Visman vs Union Of India on 9 June, 2017
Author: A.K. Sikri
Bench
U.P. Cooperative Cane Union Federation vs West U.P. Sugar Mill Association & Ors
very little difficulty concerning Article 359(1)(A) because all that it says is that while an order made under Article ... rights conferred by Part Iii vis-a-vis Article 19 (with which alone Article 358 deals). The effect of this new amendment by adding clause
rights flowing from Article 19 of the Constitution are not enforceable during the operation of the Proclamation under Article 358 of the Constitution, then ... they are unreasonable. In view of the Proclamation of Emergency under Article 358 of the Constitution, any challenge based on Article 1 is untenable
make a declaration to that effect, by a proclamation.
7. Article 358 provides that while a proclamation of emergency is ia operation, the State would ... contravention of Article 19 , because as soon as a Proclamation of Emergency is issued by the President under Article 358 the provisions of Article
authority of law to support it, and the terms of Article 358 do not detract from that rule. Article 358 expressly authorises the State ... provisions contained in Part III of the Constitution. Article 358 does not purport to invest the State with arbitrary authority to take action
enacted and was revived by the proclamation of emergency, Article 358 protected action, both legislative and executive, taken after proclamation of emergency and hence ... emergency was that what was originally confined to Article 19 alone by reason of Article 358 of the Constitution had been extended to some other
