Article 359

Suspension of Fundamental Rights Enforcement and Non-Derogability of Articles 20 and 21

Official heading: “Suspension of the enforcement of the rights conferred by Part III during emergencies”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XVIII, Article 359, printed pages 216–217
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Authorizes the President to suspend the right to move courts for enforcement of specified Fundamental Rights during an Emergency, but Articles 20 and 21 can never be suspended.

2. What It Means in Everyday Language

Article 359 allows the President to issue an order suspending the right of citizens to move any court for the enforcement of specified Fundamental Rights during an Emergency.

Unlike Article 358 (which suspends Article 19 automatically upon an external emergency), Article 359 does not operate automatically and does not suspend the rights themselves; it suspends their judicial enforcement, and only for those rights specifically enumerated in the Presidential Order.

Crucially, in the notorious ADM Jabalpur (Habeas Corpus) case (1976), the Supreme Court held that citizens could not seek habeas corpus against illegal detention during an emergency. To decisively overturn this ruling and protect human dignity, the Forty-fourth Amendment (1978) amended Article 359 to explicitly bar the suspension of Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty).

Consequently, under modern Indian constitutional law, the right to life, personal liberty, and fair criminal trial safeguards can never be suspended under any emergency.

3. Practical Illustrative Example

Everyday Scenario:

During an emergency, a citizen is arrested without grounds under an executive detention order.

Core takeaway: Under Article 359(1) as amended by the 44th Amendment, the citizen can still file a habeas corpus petition under Article 32 or 226 because the right to personal liberty under Article 21 can never be suspended.

Illustrative Notice: Enforcement of other specified rights (such as equality under Article 14) may be temporarily suspended if explicitly listed in the Presidential Order.

4. Important Limits, Qualifications & Exceptions

Article 359 provides an executive emergency mechanism strictly curbed by the absolute sanctity of Articles 20 and 21.

Non-derogable core: The right to move courts for enforcement of Articles 20 and 21 can NEVER be suspended under any circumstance.
Presidential specification: Rights other than Articles 20 and 21 are suspended only if expressly named in the presidential order.
Parliamentary approval: Every presidential order under Article 359 must be laid before each House of Parliament as soon as may be.

5. Operative Constitutional Text

(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order. (1A) While it is in operation, nothing in that Part conferring the rights mentioned in the order shall restrict the power of the State as defined in that Part 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 order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: Provided that where a 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. (1B) Nothing in clause (1A) 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. (2) An order made as aforesaid may extend to the whole or any part of the territory of India: Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that 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, considers such extension to be necessary. (3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House of Parliament.

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 359, printed pages 216–217 • 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