Mr. President, Sir, this article takes away the Fundamental Rights contained in article 13 in an emergency., If it is the desire that these rights should be abrogated, it should be done by Parliament by law during that period and it should not be left merely to the executive authority to do so. It is quite conceivable that a war may break out and may last for a fairly long time. The last war lasted for six years and I cannot conceive that for six years the Fundamental Rights granted under article 13 should remain suspended all over the country. It is a most extraordinary state of affairs and I do not know of any Constitution in the world where the fundamental rights would remain suspended for six years. I therefore move the following amendments :-
“That with reference to amendment No. 3027 of the List of Amendments, in article 279, for the words ‘the State as defined in that Part’ the word ‘Parliament’ be substituted.”
“That with reference to amendment No. 3027 of the List of Amendments, in article 279. or the word ‘State’ where it occurs for the second time, the word ‘Parliament’ he substituted.”
“That with reference to amendment No. 3027 of the List of Amendments, in article 279, words ‘or to take any executive action’ and the words ‘or to take’ occurring at the end he deleted.”