Article 359 in Constitution of India
359. Suspension of the enforcement of the rights conferred by Part III during emergencies
(1) Where a Proclamation ... repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A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 353. 50. Amendment of article 356. 51. Amendment of article 357. 52. Amendment of article 358. 53. Amendment of article 359. 54. 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 329A. 37. Amendment of article 352. 38. Amendment of article 356. 39. Amendment of article 358. 40. Amendment of article 359. 41. Amendment
emergency. Another important distinction between the two Articles is that Article 358 provides for indemnity whereas Article 359(1) does not, Article 359 ... emergency law it can violate Article 19 because it is protected by Article 358.
51. Under Article 359 the Presidential Orders have been
Article 19 as provided by Article 358 of the
Constitution. On 27-6-1975 the President of India made an
order under Article 359 ... terms as Article 358. Article 358 says
that while a proclamation of emergency under Article 352 is
in operation:
"... nothing in Article 19 shall
court for the enforcement of the rights conferred by Article 14 , Article 21 and Article 22 of the Constitution and all proceedings pending ... challenged in respect of Articles 14 , 21 and 22 as the President's order under Article 359(1) is in force and suspends
Constitution.
Jurisdiction of courts under Articles 136 and 226-
Nature of.
Constitution of India Articles 34 and 359 , effect
Whether powers of the courts ... Rights. Another important distinction between the two
Articles is that Art. 358 provides for indemnity. whereas
Article 359(1) does not: Article 359
proclamation of emergency under Article 352(1) of the Constitution the validity of an order made under Article 359 of the Constitution suspending the right ... ground other than those covered by Article 358 , or the Presidential Order issued under Article 359(1)."
8. The Conservation of Foreign Exchange
action is not restricted by the provisions of that article. The intention underlying article 359 appears to be that when an order is made under ... rights as article 358 has in relation to article 19. It is, therefore, proposed not to have any differences in language between article
Constitution. Whereas Article 358 by its own force suspends the fundamental rights guaranteed by Article 19 Article 359(1) of the Constitution has the effect ... emergency. Another important distinction between the two Articles is that Article 358 provides for indemnity whereas Article 359(1) does not, Article 359
