Emergency Provisions: Article 359 Explained

The Indian Constitution contains provisions for dealing with emergencies. These are outlined in Part XVIII of the Constitution, specifically Articles 352 to 360. These articles grant the President extraordinary powers to take measures to protect the country's security and integrity during times of crisis.

Distinguishing Emergency Articles: 358 and 359

Two significant articles related to the suspension of fundamental rights during emergencies are Article 358 and Article 359. Understanding their differences is key:

• Article 358: Suspension of Fundamental Rights only during External Emergency
  • This article states that when a Proclamation of National Emergency is made by the President under clause (1) of Article 352, citing threats from *external aggression*, the freedoms guaranteed by Article 19 are automatically suspended.
  • This means citizens cannot claim their right to freedom of speech and expression, assembly, association, movement, residence, and profession during such an emergency.
  • Importantly, Article 358 is *only* applicable during an emergency arising from an external threat.
• Article 359: Power to Suspend Enforcement of Rights during any Emergency
  • Article 359 empowers the President to issue an order suspending the right to move any court for the enforcement of such fundamental rights as may be specified in the order.
  • This suspension applies during the period the Proclamation of Emergency is in force.
  • Crucially, Article 359 can be invoked by the President not just during an emergency declared on grounds of external aggression but also during an emergency declared on grounds of armed rebellion or other internal disturbances (as per Article 352).
  • The order under Article 359 does not automatically suspend Article 19 rights (unlike Article 358). Instead, the President specifies which fundamental rights' enforcement is suspended. However, the 44th Amendment Act, 1978, added that the suspension of the right to move courts under Article 359 cannot extend to the rights guaranteed by Articles 20 and 21.

Conclusion: Applicability to Both Internal and External Emergencies

The question asks which provision is applicable during both external and internal emergencies. While Article 358 is restricted solely to external emergencies, Article 359 provides a broader power. The President can issue an order under Article 359 to suspend the enforcement of fundamental rights during any type of Proclamation of Emergency, whether it is declared due to war, external aggression (external emergency) or due to internal disturbances or armed rebellion (internal emergency). Therefore, Article 359 fits the description.

The other options are unrelated:

• Article 338: Deals with the National Commission for Scheduled Castes.
• Article 348: Concerns the official language of the Supreme Court, High Courts, and laws passed by the Parliament and State Legislatures.

Based on this analysis, Article 359 is the provision applicable during both external as well as internal emergencies.