greetings dear students welcome back students our discussion in the previous video has illuminated and given us a background on the topic of fundamental rights under emergency as the motion of the discussion is set let us dive into the fundamental rights during emergency by article 359 of the Indian constitution the president May temporarily suspend the rights specified in part three of the constitution in the case of a protracted crisis this article permits stopping one's right to go to court to enforce fundamental Liberties it is crucial to remember that even in delicate circumstances two fundamental rights the right to life and individual liberty cannot be suspended in such cases people may invoke article 32 of the Constitution to seek a remedy through the legal system let us now discuss the effect on fundamental rights the Constitution prescribes the impact of National Emergency on fundamental rights in articles 358 and 359 article 358 states that suspension of fundamental rights under Article 19 and article 358 allows for instant suspension of six essential rights under Article 19 if a National Emergency is declared the president's separate decree is not necessary for this suspension when internal unrest prompts the Declaration of an emergency fundamental rights are not immediately suspended any executive order or legislation that restricts article 359 suspension of other fundamental rights the president can temporarily invoke the right to file a court petition to uphold specific fundamental rights it is crucial to remember that there is never a situation where the ability to pursue a legal action to enforce articles 20 and 21 can be suspended it's important to remember that presidential orders suspension of enforcement only applies to the fundamental rights listed now let us further understand effects on fundamental Rights Article 358 and 359 describes the impact of National Emergency on fundamental rights these two Provisions I will be explaining today when a declaration of National Emergency is issued the six essential rights under Article 19 are immediately suspended by article 358 of the Indian Constitution Article 19 however is automatically renewed after the emergency period ends according to the 44th Amendment Act of the Constitution and armed Insurrection cannot be grounds for suspending Article 19 only a declaration of a National Emergency during a war or other Act of foreign aggression made in the event of national emergency the president of India May suspend by order the ability to petition any Court to uphold fundamental rights under article 359 this indicates that corrective action not the fundamental rights per se are viated only the fundamental rights listed in the presidential order are subject to the suspension of the enforcement for the duration of the emergency or a shorter amount of time the president May suspend the ability to the petition the court to enforce fundamental rights every house of the parliament shall be present with the presidential order for the approval the 44th Amendment act likewise prohibits the president from suspending the ability to petition the court to uphold the fundamental rights protected by article 20 and 21 the 44th Amendment act brought about changes that can be divided into two parts firstly it changed the scope of the power of the president to suspend fundamental rights it was stated that the president cannot suspend article 20 and article 21 even through enforcing an order under Clause one of article 359 secondly the power of the state to enact laws unrestricted cannot be enacted without the explicitly mentioning that such law is enacted concerning the proclamation of emergency any law enacted by the parliament or step taken by the executive without such declaration its relation to the emergency cannot be enforced it is important to note that the right to move to a court under article is not automatically suspended like article 358 it comes in order only after a presidential order that the right to move to a court gets suspended during the 1962 Indochina war on 3rd November 1962 a presidential order was released under Clause one of article 259 the order stated that in the exercise of pass conferred by Clause one of article 359 of the Constitution the president at the moment declares that the right rights of any person to move to any court or for the enforcement of the right guaranteed by article 14 2122 of the Constitution shall remain suspended for a period during which the emergency is enforced the Supreme Court has made it clear that the nature of detention whether MiFi or Bonafide is essential in any case if a person's fundamental right is a bridge from detention he can move to court praying to obtain a r of habus Corpus if such detention has been made ordered malfi also any infringement of right that has not been suspended under the order made by the president can be challenged in the court of law similarly suppose a person is detained and files a plea in that case the defense of India Act and the ordinance under which that person was detained suffer from the excessive delegation of par such a plea cannot be B due to presidential order as such a plea is unrelated to fundamental rights mentioned hope now you're clear regarding the Constitution as well as article 359 and 358 as well as presidential order thank you