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Research Paper Volume 4 Issue 5 877 - 893 September 26, 2021

Proclamation of Emergency

Lead author · Corresponding
Aayush Goel
Student at Amity Law School, Amity University, Noida, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.111987
Abstract

There may be justifications for abandoning Article 19 under Article 358 throughout a state of emergency based on war or extrinsic hostility but restricting motions to the court for anything other than Article 19 (but apart from Articles 20 and 21) and abandoning backlog court hearings cannot be substantiated at any expense. According to Article 358, Article 359 could perhaps have remained limited to the cessation of Article 19 implementation solely in the event of a war or external attack, not in the event of a financial crisis or an armed insurrection. Especially within the Right Against Exploitation, Article 21-A Right to Education, and Articles 23 and 24, namely, Prohibition of Human Trafficking and Coerced Labour, and Prevention of Child Labour, are prohibited. Can therefore Article 359 be justifiable in such a situation?

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 877 - 893
DOI: https://doij.org/10.10000/IJLMH.111987
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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