🇮🇳 India's first community scam intelligence platform — search before you trust⚡ UPI Fraud? File a report in 60 seconds and protect others📞 Cybercrime Helpline 1930 — free, 24×7, available across all states🛡️ Your report is anonymous — speak up, keep India safe🏛️ Know your rights — explore Citizen Ethics from birth to death🔍 86,420 cybercrime cases were registered in India in 2023 (NCRB)🇮🇳 India's cybercrime cases are nearly 9× higher than in 2014 (NCRB)🇮🇳 3,82,632 cybercrime cases registered in India from 2014 to 2023 (NCRB, via MHA)📞 ₹7,130 crore+ saved in 23.02 lakh+ cyber-fraud complaints through India's helpline system (I4C, MHA)🇮🇳 India's first community scam intelligence platform — search before you trust⚡ UPI Fraud? File a report in 60 seconds and protect others📞 Cybercrime Helpline 1930 — free, 24×7, available across all states🛡️ Your report is anonymous — speak up, keep India safe🏛️ Know your rights — explore Citizen Ethics from birth to death🔍 86,420 cybercrime cases were registered in India in 2023 (NCRB)🇮🇳 India's cybercrime cases are nearly 9× higher than in 2014 (NCRB)🇮🇳 3,82,632 cybercrime cases registered in India from 2014 to 2023 (NCRB, via MHA)📞 ₹7,130 crore+ saved in 23.02 lakh+ cyber-fraud complaints through India's helpline system (I4C, MHA)

Report Scams

For a Better India

Updating protected services for a safer Bharat. Jai Hind.

Article 359: Suspension of the enforcement of the rights…

Constitution of India

← Back to Constitution

359

Suspension of the enforcement of the rights conferred by Part III during emergencies

Special Provisions

📜 Official Text

(1) During a National Emergency, the President may order that the right to approach courts to enforce specified Part III rights (EXCEPT Articles 20 and 21) is suspended for the Emergency's duration (or a shorter specified period), including pending court proceedings. (1A)-(1B) While such an order is in force, the State's law-making/executive-action competence isn't restricted by those suspended rights, provided any such law specifically recites its Emergency connection. (2) The order can cover all or part of India. (3) The order must be laid before Parliament.

💡 In Simple Words

This is a genuinely severe emergency power: it can suspend citizens' ability to even go to court to enforce most Fundamental Rights during a National Emergency - crucially, though, Articles 20 (protection against retroactive criminal laws, double jeopardy, and self-incrimination) and 21 (life and personal liberty) were specifically carved out as NEVER suspendable, a protection added by the 44th Amendment (1978) directly in response to the 1975-77 Emergency, during which the Supreme Court's controversial ADM Jabalpur ruling had allowed even the right to life to be effectively suspended - a decision now widely regarded as one of the Court's gravest historical errors.

🧭 Real-World Example

This is why, even during the most severe National Emergency scenario permitted by the current Constitution, a citizen retains the ability to go to court over an unlawful detention threatening their life or liberty under Article 21 - a protection specifically added after the 1975 Emergency exposed how catastrophic it was when even this could be suspended, as it briefly was under the pre-44th-Amendment Constitution.

#National Emergency#Fundamental Rights suspension#44th Amendment

← 358Suspension of provisions of article 19 during emergencies 360 →Provisions as to financial emergency