Special Emergency Provisions for Punjab (Omitted)
Official heading: “[Application of this Part to the State of Punjab.]”
Inserted by the Constitution (Fifty-ninth Amendment) Act, 1988 to deal with severe terrorist violence in Punjab. The amendment temporarily permitted a National Emergency to be declared in Punjab on grounds of "internal disturbance" (which had been abolished by the 44th Amendment) and allowed suspension of Article 21 in that State. Following strong democratic objections and an improved political climate, the Constitution (Sixty-third Amendment) Act, 1989 repealed the Fifty-ninth Amendment and formally omitted Article 359A with effect from 6 January 1990.
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XVIII, Article 359A, printed page 217
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1. In One Sentence
Article 359A formerly authorized special emergency measures in Punjab, and was omitted by the Sixty-third Amendment in 1990.
2. What It Means in Everyday Language
Inserted in 1988 by the 59th Amendment, Article 359A created an exceptional emergency regime exclusively for the State of Punjab during intense militancy.
It attempted to revive the ground of "internal disturbance" and dilute the safeguards introduced by the 44th Amendment, raising serious human rights concerns.
Recognizing the danger of creating regional exceptions to basic liberty guarantees, Parliament enacted the Constitution (Sixty-third Amendment) Act, 1989, which repealed the 59th Amendment and omitted Article 359A in its entirety.
As a result, the non-derogability of Article 21 and the national standards of Article 352 remain uniform throughout every State of the Union.
3. Practical Illustrative Example
A state faces severe insurgent violence, and officials discuss whether exceptional regional emergency powers can be declared.
4. Important Limits, Qualifications & Exceptions
Article 359A represents a repealed historical chapter reinforcing the indivisibility of basic constitutional protections.
- Fifty-ninth Amendment origin: Enacted in 1988 for anti-terror operations in Punjab.
- Sixty-third Amendment omission: Fully repealed with effect from 6 January 1990.
- Uniform protection: Re-established that the right to life under Article 21 cannot be suspended in any State.
5. Historical constitutional wording — not operative
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XVIII, Article 359A, printed page 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.