Study Guide · Chapter 17
Where FRs Can Be Restricted or Suspended
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| Article | What it allows |
|---|---|
| 33 | Parliament may restrict or abrogate FRs as applied to members of the armed forces, police forces, intelligence organisations and similar forces, to ensure proper discharge of duties and maintenance of discipline |
| 34 | Restricts FRs while martial law is in force in any area, and indemnifies acts done to restore order under martial law |
| 358 | Automatically suspends Art. 19 alone, during a National Emergency declared on grounds of war or external aggression only (not armed rebellion, since the 44th Amendment narrowed this) |
| 359 | The President may suspend the right to move any court for the enforcement of certain other FRs during any Emergency, via a Presidential Order — but, since the 44th Amdt. (1978), can never suspend enforcement of Articles 20 or 21 |
Note the important distinction between Article 358 and 359: 358 suspends Article 19 itself (its substance), automatically, only during a war/external-aggression Emergency; 359 suspends only the enforcement machinery (the right to approach courts) for whichever rights the Presidential Order specifies, during any type of Emergency (war, external aggression, or armed rebellion), but the underlying right isn't erased — and Articles 20/21 are permanently out of 359's reach after 1978.
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