Draft Article 279 was discussed in the Assembly on 4 August 1949. During an emergency, it gave the State the power to suspend freedoms guaranteed under Draft Article 13, which included the freedom of speech and expression, freedom to assemble and form associations, freedom to practice any profession and, the freedom to move, reside and settle in any part of India.
The Draft Article attracted a lot of criticism. One Member argued that it was redundant as Draft Article 13 fell within Part III of the Constitution that would in any case be suspended during an emergency through Draft Article 280. Another Member insisted that to infringe upon fundamental rights in such a manner was equivalent to declaring martial law. Further, Members pointed out that Draft Article 13 placed limitations on fundamental rights on the grounds of public safety, public order and security of the State. Hence, there was no need for Draft Article 279.
A Member moved an amendment to replace ‘State’ with ‘Parliament’. He argued that since emergencies like war could go on for years, he only trusted Parliament to exercise the power to deprive people of their fundamental rights, not any executive authority. Otherwise, the Constitution, he continued, would appear to give rights through one provision and take them away through another. A Member supported this amendment stating only parliament was ‘competent’ to have such powers.
The Drafting Committee Chairman defended the Draft Article. He opposed the amendment seeking Parliament to be the sole authority to suspend Fundamental Rights by pointing to the provisions of Draft Article 13 that already gave both the Union and State legislatures and executives to limit fundamental rights. He argued that there was no reason why such a power that existed in normal circumstances should be restricted to only Parliament during an emergency.
He also clarified that there was no overlap between Draft Article 279 and 280. Draft Article 279 gave the State the power to make laws irrespective of its effect on the fundamental rights under Draft Article 13, while 280 gave it the power to suspend all fundamental rights under Part III. He felt that unless such a power to legislate was explicitly given to the State under Draft Article 279, the powers to suspend rights as per Draft Article 280 would have no consequence.
Finally, on 4 August 1949, all amendments were rejected and the Assembly adopted Draft Article 279 as part of the Constitution.
