Impact of Declaration of Emergency The fundamental rights during emergency

Summary

This video discusses the impact of Articles 358 and 359 of the Indian Constitution on fundamental rights during a national emergency. It explains how the President can temporarily suspend certain rights, specifically under Article 19, while emphasizing that the right to life and personal liberty under Articles 20 and 21 remain protected. The presentation details the historical context of these provisions, including the limitations introduced by the 44th Amendment Act, and outlines the legal recourse available to individuals affected by such suspensions, thereby providing a comprehensive understanding of fundamental rights in emergency situations.

Takeaways

• 📚 Article 359 of the Indian Constitution allows the president to temporarily suspend fundamental rights during a national emergency.
• ⚖️ Even in emergencies, the right to life and personal liberty (Articles 20 and 21) cannot be suspended.
• 🚫 Article 358 allows for the immediate suspension of six essential rights under Article 19 when a national emergency is declared.
• 📝 The ability to challenge the suspension of rights can be pursued through Article 32 of the Constitution.
• 🛑 The 44th Amendment Act specifies that armed insurrection cannot be a reason for suspending Article 19 rights.
• 🔄 Article 19 rights are automatically renewed after the emergency period ends, according to the 44th Amendment.
• 🗳️ The president’s order to suspend rights under Article 359 requires approval from both houses of Parliament.
• 🔍 The right to petition the court under Article 32 is not automatically suspended; it requires a presidential order.
• 🕰️ Historical context: The 1962 Indochina war led to a presidential order that suspended certain rights temporarily.
• ⚖️ Any detention that infringes on fundamental rights can be challenged in court, ensuring judicial oversight.

Q & A

What is Article 359 of the Indian Constitution?

Article 359 allows the President of India to suspend the enforcement of fundamental rights during a national emergency.

Which fundamental rights cannot be suspended during a national emergency?

The right to life and individual liberty, as stated in Articles 20 and 21, cannot be suspended even during a national emergency.

What does Article 358 state regarding the suspension of fundamental rights?

Article 358 allows for the immediate suspension of certain rights under Article 19 during a national emergency without the need for a separate presidential decree.

How does the 44th Amendment Act impact the suspension of fundamental rights?

The 44th Amendment Act prohibits the suspension of the right to move to court under Articles 20 and 21, and restricts the President's power to suspend other fundamental rights.

What happens to the rights under Article 19 after a national emergency ends?

Rights under Article 19 are automatically renewed once the national emergency period ends, as per the provisions of the 44th Amendment.

Can individuals seek legal recourse if their rights are violated during a national emergency?

Yes, individuals can still seek legal remedies for violations of rights that are not suspended, particularly those protected under Articles 20 and 21.

What historical example is mentioned regarding the suspension of rights?

The 1962 Indochina war is mentioned as a historical instance when the President issued a suspension of certain rights under Article 359.

What is the significance of a presidential order in relation to Article 359?

A presidential order is required to suspend the right to petition the court to enforce fundamental rights under Article 359, affecting which rights can be suspended.

What are the implications of excessive delegation of power in the context of emergency laws?

If laws enacted during an emergency suffer from excessive delegation of power, they may be challenged in court, particularly if they infringe upon fundamental rights.

How does the Supreme Court view unlawful detention during a national emergency?

The Supreme Court emphasizes that individuals can file for a habeas corpus petition if their fundamental rights are violated due to unlawful detention, regardless of the presidential orders in place.