AUTHOR : SHOBHIT KUMAR

Is suspension of Fundamental Rights during emergency a violation of the Constitutional Provisions?

INRODUCTIONS

As we all know that there are various Fundamental Rights provided in our Constitution under Part 3, Article 14 to 31, these are divided into various parts, they are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. Fundamental Rights are the restricted rights; they do not give absolute powers to the individual. Article 17 (Abolition of Untouchability) and Article 24 (Prohibition of employment of children in factories, etc.) are the only two absolute rights. It is to be noted that, The Rights under Articles 20 and 21 cannot be suspended by any order under article 359, while the imposition of emergency.

First of all I want to describe two things, first is that the emergency provisions are contained from Article 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively, and second one is that Under Article 359, the President is authorized to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights. 

DISCUSSION

During the emergency, as we know that all the fundamental rights except article 20 and 21 are suspended as a result, nobody can freely move or do what he wants to. Everybody is forced to live as the government wants on their terms & conditions. During the emergency, nobody is allowed to publish any article in newspaper, to broadcast a debate on television, nobody can comment on the actions of present government and also the most concerned part is that nobody is allowed to go to the court to protect their fundamental rights.

In this way, at the first instance it can be said that the suspension of fundamental rights during an emergency is a violation of constitutional provisions which provide rights to all the people of India.  However the same is done in accordance with the provisions of the Constitution itself, hence it can’t be said to be in clear violation of the constitutional provisions, however the excessive use these provisions by the ruling authorities same stays a concern for debate.

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