Suspension of fundamental rights during emergency: enforcement of certain rights may be stayed and state powers expanded. The President may order suspension of the right to move any court for enforcement of certain Part III rights (excluding articles 20 and 21) and pending proceedings for the duration of a Proclamation of Emergency or a shorter period; such orders may be territorially limited or extended only if the President is satisfied that security is threatened. While an order operates, those rights do not restrict the State's power to make laws or take executive action otherwise competent to it, though laws or actions so taken cease to have effect when the order ends, subject to exceptions for prior acts and recital requirements linking measures to the Proclamation.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Suspension of fundamental rights during emergency: enforcement of certain rights may be stayed and state powers expanded.
The President may order suspension of the right to move any court for enforcement of certain Part III rights (excluding articles 20 and 21) and pending proceedings for the duration of a Proclamation of Emergency or a shorter period; such orders may be territorially limited or extended only if the President is satisfied that security is threatened. While an order operates, those rights do not restrict the State's power to make laws or take executive action otherwise competent to it, though laws or actions so taken cease to have effect when the order ends, subject to exceptions for prior acts and recital requirements linking measures to the Proclamation.
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