emergency of fundamental right (358,359)

Hello, thank you for your query.

Articles 358 and 359 describe the effect of a National Emergency on Fundamental Rights.

According to Article 358, when a proclamation of a National Emergency is made, six fundamental rights under Article 19 are automatically suspended. After the emergency expires, Article 9 automatically revives.

The 44th Amendment Act laid out that Article 19 can only be suspended when the NationalEmergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.

Under Article 359, the President is authorized to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.

Hope this helps you.