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Amlandeep Bordoloi (Student)     04 September 2013

Violation of fundamental rights

Dear Seniors and Peers, i am a student of Law, i wanted to know , is it necessary that in every emergency provision or time, Article 14 and Article 19  have to be taken away, can a person file a suit against it during emergency for taking away right to profession and others?

Please reply fast...

 

Yours Sincerely

Amlandeep



 5 Replies

kriti agrawal (self)     05 September 2013

Under Art 358-
While proclamation of emergency declaring that security of India or any part of the territory of India is threatened due to war or external aggression, is in operation, the state shall not be limited by art 19. In other words, govt may make laws that transgress upon the freedoms given under art 19 during such emergency. However, such a law will cease to have effect as soon as emergency ends. Further, every such law or very executive action that transgresses upon freedoms granted by art 19 must recite that it is in relation to the emergency otherwise, it cannot be immune from art 19.
It also says that any acts done or omitted to be done under this provision cannot be challenged in the courts after the end of emergency. 

In the case of M M Pathak vs Union of India AIR 1978, SC held that the rights granted by 14 to 19 are not suspended during emergency but only their operation is suspended. This means that as soon as emergency is over, rights transgressed by a law will revive and can be enforced. In this case, a settlement that was reached before emergency between LIC and its employees was rendered ineffective by a law during emergency. After emergency was over, SC held that the previous settlement will revive. This is because the emergency law only suspended the operation of the existing laws. It cannot completely wash away the liabilities that preexisted the emergency.

 

kriti

1 Like

Amlandeep Bordoloi (Student)     05 September 2013

thank you so much ma'am!!!

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 September 2013

very well explained by Kirti, I completely agree with Her

Sudhir Kumar (Retd Govt Officer)     08 September 2013

agreed                                                

NRI Legal Consulting (Consultant)     09 September 2013

I am also agree with Kirti Mam.

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