Article 358

Automatic Suspension of Article 19 Freedoms During External Emergencies

Official heading: “Suspension of provisions of article 19 during emergencies”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XVIII, Article 358, printed pages 215–216
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Last human legal review: Not yet reviewed

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1. In One Sentence

Automatically suspends the restrictions of Article 19 during an external emergency, allowing the State to make laws and take executive actions contrary to six basic freedoms.

2. What It Means in Everyday Language

Article 358 provides for the automatic suspension of Article 19 (the six fundamental freedoms of speech, assembly, association, movement, residence, and profession) during a National Emergency.

Critically reformed by the Forty-fourth Amendment (1978), Article 358 now operates ONLY during an Emergency proclaimed on grounds of "war or external aggression", NOT in an Emergency declared due to "armed rebellion".

Under clause (1), while such an external emergency is in operation, the State may enact laws or take executive actions that violate Article 19 freedoms.

To prevent executive overreach, the 44th Amendment inserted a crucial condition: immunity from Article 19 challenges applies only to laws that contain an express recital stating that they are made in relation to the Emergency, and executive actions taken under such laws.

3. Practical Illustrative Example

Everyday Scenario:

During an external war emergency, the government requisitions private transport fleets for defense logistics without facing Article 19(1)(g) occupational freedom challenges.

Core takeaway: Article 358 suspends Article 19 limitations on state power during external war crises.

Illustrative Notice: The law must contain an express recital linking it to the emergency; unrelated ordinary laws remain subject to judicial scrutiny under Article 19.

4. Important Limits, Qualifications & Exceptions

Article 358 balances individual liberties with the survival of the nation during external warfare.

Restricted to external threats: Suspends Article 19 only for war or external aggression, never for armed rebellion.
Recital requirement: The challenged legislation must expressly state on its face that it is enacted in relation to the Emergency.
Automatic restoration: As soon as the Proclamation ceases, Article 19 revives with full force; retrospective immunity ends.

5. Operative Constitutional Text

(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: Provided that where such Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation. (2) Nothing in clause (1) shall apply— (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XVIII, Article 358, printed pages 215–216 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource