Suspension of Fundamental Rights

The constitution of India guarantees several fundamental rights to citizens of India.These rights help the individual to lead a life of welfare and dignity. However in certain cases these fundamental rights can be suspended. These cases are explained as follows –

  •  When the president makes a proclamation of Emergency under article 352, all the six “Right to Freedom” guaranteed under section 19 are automatically suspended.
  • During the proclamation of emergency no law or executive order issued by state can be challenged on the ground that it is inconsistent with the rights guaranteed by article 19.
  • The President can suspend other Fundamental Rights also through specific orders, but these orders must be approved by the parliament. It may be observed that such orders of the President may extend to the whole or any part of the territory of India.

Case of Suspension of Fundamental Rights during 1975-77

Suspension of Fundamental Rights

 

State of Emergency was imposed by President Fakhruddin Ali Ahmad  under article 352 on 25 June 1975 on account of “internal disturbance”. This was done on the advice of the then Prime Minister Indira Gandhi.  By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution even during the state of Emergency.

  • In January 1977, during the emergency declared controversially by Indira Gandhi, the government suspended even the Right to Life and Personal Liberty (along with 6 Rights to Freedom) by dispensing with Habeas corpus.