DISTINCTION BETWEEN ARTICLES 358 & 359

According to the Indian constitution, there are various rules for the nation that are applicable for each state. Therefore, it is necessary to know about the different articles. However, Dr. Bhim Rao Ambedkar wrote that the Indian constitution would keep the country safe. India is an independent country that follows the constitution. There are 395 articles in the Indian constitution. Article 358 is employed during an emergency to suspend Article 19, in any part of the territory of India, and article 359 suspends the enforcement of other fundamental rights.

Article 359 

Under Article 359 the Fundamental Rights of the citizens of India can be suspended during times of war, external aggression, armed rebellion, financial crisis and more. The right of free movement can be suspended under this act depending on the magnitude of the situation. The power of suspending the Fundamental Rights is given to the President by the Constitution of India. During an emergency the enforcement of fundamental rights of the people is declined by the Supreme court of India until the situation improves. Article 359 enables the President to make any law or take any executive action regarding human rights and the president has a right to reject or accept it.  

Article 358

According to the Indian constitution, it has been found that there are various articles such as Article 358, this article states that if any emergency has occurred in the country the Supreme Court can pass orders to regulate the state or the country. The Constitution of India gives power to the State government to suspend the Fundamental Rights of the citizens only during war and external aggression. The State cannot suspend the Fundamental Rights of the citizens during any armed rebellion.

Difference between article 359 and article 358

Article 358 – In the Indian Constitution the Article 358 deals with the aspect of suspending the Fundamental Rights of the citizens of India. The Indian Constitution gives certain basic rights to the citizens of India that are listed under Article 19. However these Fundamental Rights can be suspended during some special type of emergency situations. During times of emergency such as war or external aggression the State Government is given powers by the Constitution of India to make certain decisions where the Fundamental Rights can be made ineffective. The Fundamental Rights cannot be suspended due to any armed rebellion. The suspension of Fundamental rights will be just the State specific. Only six Fundamental Rights get suspended during the emergency.

 Article 359 – This Article deals with suspending the Fundamental Rights of the citizens of India during times of crisis. The emergency situation can be war, external aggression, or a financial crisis. The Fundamental Rights can be suspended due to armed rebellion. The suspension of the Fundamental Rights can be done by the President of India. The decisions made by the President can be effective in different States and Union Territories. The Fundamental Rights under this Article can suspend all the rights except those under Article 20 and 21. The free movement of the citizens can also be restricted by the orders of the President during times of emergency.  

Irrespective of differences there are a few similarities between Article 358 and Article 359 and those are: In both the articles the Fundamental Rights of the citizens are suspended. Article 20 and Article 21 are not suspended by Article 358 and article 359 under any type of emergency.

Conclusion

The Indian constitution keeps safe the people’s fundamental right for which this is important for everyone to know regarding various Articles in the constitution. The Indian constitution empowers the citizens in various aspects among which the Article 358 and Article 359 are also important. There are various differences in both the articles, however necessary for states to understand so that they can counter any decision made by the central government and/or the state government.