Can the Rights under Article 19(1) be Suspended?

Last updated on Aug 23, 2022

Article 358 provides that Article 19 rights can be suspended if a national emergency is proclaimed on the grounds of war or external aggression. 

For instance, during the 1971 war between India and Pakistan, a national emergency was proclaimed and  Article 19 was suspended. A fresh proclamation of emergency was made later in 1975 on the grounds of internal disturbance, which suspended the fundamental rights under Article 19 till 1977.

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

Patient Rights in India

Patients' Rights include specific laws which guide medical health professionals in maintaining a standard of care and treatment of patients.

Guide to Lawful Protesting

The Guide to Lawful Protesting helps you understand your right to protest as a citizen and empowers you with the knowledge of how to carry out lawful protests.
citizen rights icon

Guide for Survivors of Sexual Harassment at the Workplace

This guide by Nyaaya and Ungender helps those who have faced sexual harassment at the workplace to navigate the legal process in such situations.

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

Workplace Guide for Persons with Disabilities

The Nyaaya Guide for Persons with Disabilities at the Workplace helps persons with disabilities (PwDs) understand their employment rights and associated remedies.