## CONSTITUTION 359

### CONSTITUTION 359 — Suspension of the enforcement of the rights conferred by Part III during emergencies
- https://unisonlegal.in/statutes/constitution/359

> 359. Suspension of the enforcement of the rights conferred by Part
III during emergencies.-(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 1[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.
2[(1A) While an order made under clause (1) mentioning any of 1[the
rights conferred by Part III (except articles 20 and 21)] is in operation, nothing
in that Part conferring those rights shall restrict the power of the State as defined
in the said 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:]
3[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 of Emergency
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.]

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40, for "the rights
conferred by Part III" (w.e.f. 20-6-1979).
2. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (with retrospective
effect).
3. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).
IndiaCode
1[(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:
2[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.
3359A. [Application of this Part to the State of Punjab.].-Omitted by the
Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).