Article 359 of Constitution of India "Suspension of the enforcement of the rights conferred by Part III during emergencies"
(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except Article 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except Article 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions containing in that Part be competent to make or to take, but any law so made shall, to the extent of the in competency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.
Provided that where a Proclamation of Emergency is in
operation only in any part of the territory of India, any
such law may be made, or any such executive action may be
taken, under this Article in relation to or in any State or
Union territory in which or in any part of which the
Proclamation of Emergency is not in operation, if and in so
far as the security of India or any part of the territory
thereof is threatened by activities in or in relation to the
part of the territory of India in which the Proclamation of
Emergency is in operation.
(1B) Nothing in clause (1A) shall apply-
(a) to any law which does not contain a recital to the
effect that such law is in relation to the Proclamation of
Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law
containing such a recital.
(2) An order made as aforesaid may extend to the whole or
any part of the territory of India:
Provided that where a Proclamation of Emergency is in
operation only in a part of the territory of India, any such
order shall not extend to any other part of the territory of
India unless the President, being satisfied that the
security of India or any part of the territory thereof is
threatened by activities in or in relation to the part of
the territory of India in which the Proclamation of
Emergency is in operation, considers such extension to be
necessary.
(3) Every order made under clause (1) shall, as soon may be
after it is made, be laid before each House of Parliament.