Important Legal Definitions

Constitutional provisions governing emergencies: Article 358 automatically suspends Article 19 freedoms during an emergency declared on grounds of war or external aggression, while Article 359 permits the President to suspend the right to move courts for enforcement of Part III rights, excluding Articles 20 and 21 (as amended by the 44th Amendment).

Even during an active National Emergency, an individual detained unlawfully by police can still file a writ of Habeas Corpus to challenge unlawful imprisonment, because the enforcement of Article 21 can never be suspended under Article 359.