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
them as criteria of reasonableness.
[344 B-C]
5(a) Articles 358 and 359(1A) provide that as soon as the
Proclamation of emergency cease ... saved by Article 19(6) of the Constitution. It is also
struck by Article 14. If the fundamental rights guaranteed
by Articles
Excel Wear Etc vs Union Of India & Ors on 29 September, 1978
Equivalent citations
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
passed during the emergency. Hence, it was submitted that Article 358 of the Constitution is an absolute bar against giving effect to any right arising ... saved by Article 19(6) of the Constitution. It is also struck by Article 14. If the fundamental rights guaranteed by Articles
Shree Meenakshi Mills Ltd. vs Union Of India (Uoi) on 26 November, 1973
Equivalent citations
Fixation of
Fair price if arbitrary and unreasonable Constitution of
India, 1950-Articles 19(1) (f) and (g) and 301.
Essential Commodities Act, 1955 - Section ... Scope Price fixation-Principles
regarding.
Constitution of India, 1950-Articles 32, 358-If executive
action taken
during emergency has no authority as a valid
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr on 24 April, 1973
Equivalent citations
Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980
CURCC 1085, (1985) 2 RECCRIR 117, 1985 (2) SCC 358, (1985) 2 SERVLR 109, (1985) 28 DLT 74
Author: Y.V. Chandrachud
Bench ... 358 1985 SCALE (1)391
CITATOR INFO :
R 1985 SC1416 (127)
RF 1989 SC1185 (29)
ACT:
Constitution of India 1950, Article 311 (2) and
Probation
