Suspension of Fundamental Rights
While Fundamental Rights are sacrosanct, the Indian Constitution, under specific circumstances, allows for their temporary suspension. This mechanism is crucial for maintaining national security and public order during emergencies. Understanding the conditions and limitations of this suspension is vital for comprehending the balance between individual liberties and state authority.
Grounds for Suspension
The suspension of Fundamental Rights is primarily linked to the Proclamation of Emergency. There are two main types of emergencies that can lead to such suspensions:
National Emergency (Article 352)
This emergency can be proclaimed on grounds of war, external aggression, or armed rebellion. During a National Emergency, the President can suspend the enforcement of Fundamental Rights, except for Articles 20 and 21.
Articles 20 (Protection in respect of conviction for offences) and 21 (Protection of life and personal liberty).
President's Rule (Article 356)
This is invoked when a state government cannot be carried on in accordance with the Constitution. While Article 356 primarily deals with the breakdown of constitutional machinery in a state, it does not directly empower the suspension of Fundamental Rights across the board. However, specific actions taken under President's Rule might indirectly affect the exercise of certain rights.
Financial Emergency (Article 360)
This emergency is proclaimed when the financial stability or credit of India or any part thereof is threatened. The Constitution does not explicitly mention the suspension of Fundamental Rights under a Financial Emergency.
Key Provisions and Limitations
The power to suspend Fundamental Rights is not absolute and is subject to significant checks and balances.
The President issues the order for suspension.
The President of India is empowered to issue an order suspending the enforcement of Fundamental Rights.
The power to suspend the enforcement of Fundamental Rights vests with the President of India. This order must be laid before each House of Parliament for approval. The suspension can be revoked by a subsequent proclamation by the President.
Parliamentary approval is required.
Any order of suspension must be presented to Parliament.
An order made by the President under Article 352 suspending the enforcement of Fundamental Rights must be laid before each House of Parliament. It ceases to operate at the expiration of a period of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.
Specific rights remain inviolable.
Certain fundamental rights are protected from suspension.
As mentioned, Articles 20 and 21 are non-suspendable. Article 20 protects individuals against retrospective criminal laws and double jeopardy. Article 21 guarantees the right to life and personal liberty, which is considered the bedrock of all other rights.
The scope of suspension can be limited.
The President can specify which rights are suspended and to what extent.
The Presidential order can be specific, suspending only certain Fundamental Rights or limiting the suspension to a particular geographical area of the country. It does not necessarily mean a blanket suspension of all rights.
Judicial Review
The Supreme Court of India has the power of judicial review over the Proclamation of Emergency and the subsequent suspension of Fundamental Rights. If the court finds that the emergency was proclaimed mala fide or the suspension of rights was arbitrary or beyond the constitutional scope, it can strike down the order.
The suspension of Fundamental Rights is a grave measure, intended only for extreme situations to preserve the state itself, not to suppress legitimate dissent.
Historical Context and Amendments
The provisions related to the suspension of Fundamental Rights have been subject to amendments to prevent misuse. The 44th Amendment Act of 1978 was particularly significant in strengthening the safeguards.
| Feature | Original Provision (Pre-44th Amendment) | Amended Provision (Post-44th Amendment) |
|---|---|---|
| Grounds for National Emergency | Proclamation on grounds of 'internal disturbance' was sufficient. | Requires 'armed rebellion' or 'external aggression' as grounds for National Emergency. |
| Scope of Suspension | President could suspend any Fundamental Right. | President can suspend only Articles 19 during National Emergency (war/external aggression). Suspension of other rights under Article 32 is also restricted. |
| Judicial Review | Limited scope for judicial review. | Expanded scope for judicial review; mala fide proclamation can be challenged. |
Article 19 During National Emergency
Article 19, which guarantees six freedoms (speech and expression, assembly, association, movement, residence and settlement, profession, occupation, trade, and business), can be suspended only when a National Emergency is proclaimed on the grounds of 'war' or 'external aggression'. It cannot be suspended on the ground of 'armed rebellion'.
War or external aggression.
Learning Resources
Direct access to the text of Fundamental Rights in the Indian Constitution, crucial for understanding what can and cannot be suspended.
Provides the constitutional articles (352, 356, 360) related to emergencies, which are the basis for suspension of rights.
Comprehensive notes on Fundamental Rights from a popular UPSC preparation platform, often covering nuances of suspension.
An explanatory article that breaks down the emergency provisions and their implications, including the suspension of rights.
The official text of the 44th Amendment Act, which significantly altered the emergency provisions and safeguards against misuse.
Discusses the role of the judiciary in reviewing emergency proclamations and the suspension of fundamental rights.
Detailed legal text of Article 20, highlighting the rights that cannot be suspended.
Detailed legal text of Article 21, emphasizing its non-suspendable nature and broad interpretation by courts.
While a handbook, it often contains chapters or sections that critically analyze constitutional provisions like emergency powers and fundamental rights.
Another reputable source for UPSC preparation, offering detailed explanations and analysis of Fundamental Rights and Emergency Provisions.