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Supreme Court Hears Article 358 and Emergency Concerns During CJP Protest Case
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News18•11-10-2026, 13:39
Supreme Court Hears Article 358 and Emergency Concerns During CJP Protest Case
- •Article 358 of the Constitution was referenced by advocate Menaka Guruswamy in the Supreme Court during a special hearing on the CJP protest case.
- •The arguments highlighted government actions such as metro closures, internet shutdowns, and the detention of over 7000 people.
- •Article 358 comes into effect during war or external aggression, automatically suspending the fundamental freedoms guaranteed under Article 19.
- •Solicitor General Tushar Mehta dismissed the allegations as incorrect and requested time for the central government to respond.
- •The Supreme Court directed the removal of barricades in Delhi, restoration of internet services, and normalization of metro and train operations.
Key Questions Answered
Article 358 deals with emergencies and comes into effect when the country is undergoing war or external aggression. Upon its invocation, Article 19 is automatically suspended without requiring a separate presidential proclamation.
When Article 358 is in force, the rights granted under Article 19—which include freedom of speech and expression, peaceful assembly, and free movement—are automatically suspended.
The Supreme Court directed that all barricades in Delhi be removed, internet services and metro operations be restored, and train services normalized, while clarifying that lawyers should not be obstructed from their professional duties.
