Constitution Section 358 — Suspension of provisions of article 19 during emergencies
Part XVIII — EMERGENCY PROVISIONS
Constitutional
Summary
While a national emergency is in effect due to war or external aggression, the government can make laws or take actions that would normally be restricted by Article 19, which protects certain freedoms. However, any such law will stop having effect as soon as the emergency ends, except for things already done or not done under that law. If the emergency applies only to part of India, these special powers can also be used in areas not under emergency if the security of India is threatened by activities in the emergency zone. This special authority does not apply to any law that does not include a statement saying it is related to the emergency, nor to any government action taken without such a law.
Official Text
(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in article 19 shall restrict the power of the State as defined in Part III 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 Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:Provided that where such 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.
(2) Nothing in clause (1) 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.