SUSPENSION OF FUNDAMENTAL RIGHTS

 SUSPENSION OF

FUNDAMENTAL RIGHTS

The Constitution contains provision for automatic  suspension  of the Fundamental Rights under certain circumstances, e.g. during the National Emergency under Article 352 (i.e. war or external aggression).

Under Article 358, when National Emergency is proclaimed on the grounds of war or external aggression (and not armed rebellion), the Fundamental Rights under Article 19 are automatically suspended.

The Constitution empowers the President, under Article 359 to suspend any or all the Fundamental Rights by issuing a separate proclamation during a National Emergency.  The 44th Amendment Act, 1978 prohibits the suspension of Articles 20 and 21 (protection in respect of conviction for offences and protection of life and personal liberty, respectively) even during a National Emergency.

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