Article 358 of CoI : Article 358: Suspension of provisions of article 19 during emergencies.

Explanation using Example

Example 1:

During a period of war with a neighboring country, the President of India declares a Proclamation of Emergency. Under Article 358, the government decides to impose a temporary restriction on public gatherings and protests to ensure national security. Normally, such a restriction would violate the right to freedom of assembly under Article 19 of the Constitution. However, due to the emergency, the government is allowed to enforce this restriction without being challenged for violating Article 19. Once the emergency is lifted, the restriction on public gatherings will no longer be valid, but any actions taken during the emergency (such as arrests or fines) will remain lawful.

Example 2:

A part of a northeastern state in India is facing severe insurgency issues, and the President declares a Proclamation of Emergency specifically for that region. The government enacts a law that restricts the freedom of speech in that region to prevent the spread of insurgent propaganda. This law includes a recital stating that it is in relation to the Proclamation of Emergency. Under Article 358, this restriction is valid and cannot be challenged under Article 19. However, if the government tries to enforce a similar restriction in a neighboring state where the emergency is not declared, it would not be valid unless it can be shown that the security of the neighboring state is threatened by activities in the insurgency-affected region.