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
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
operation.
So we are only left with the suspension of Article 19 under Article 358 of the Constitution. Persons affected otherwise than by the Defence ... cannot escape the blanket cover from attack under Article 19 provided under Article 358. Admittedly it is a post-emergency law and during the operation
Articles 14 , 19 , 21 or 22 of the Constitution, such a challenge would be outside the purview of a Presidential Order under Article 358 ... writ under Article 226 to that authority to act in accordance with law, notwithstanding the subsistence of Presidential Order under Articles 358
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
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
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
