Presidential Order Quote by Justice Asok Kumar Ganguly
““Presidential Order under Article 359(1) could suspend, during Emergency, the right to move any court for the enforcement of fundamental rights mentioned in the order. But rights under statute, being not fundamental rights, could be enforced during the Emergency, despite the Presidential Order. His””
About This Quote
Source Legal Text: Indian Constitution, Article 359(1) and related judicial commentary
During an Emergency, the President may halt court access for fundamental rights, yet statutory rights remain enforceable.
In simple terms: Emergency can block fundamental rights enforcement, but not statutory rights.
Key Takeaway
Know which rights remain protected in crises.
Themes
law
emergency powers
rights
judicial review
constitutional law
Mood
cautious
analytical
Type
legal
interpretive
When to use this quote
- legal analysis
- policy drafting
- human rights advocacy
Key Concepts
fundamental rights
statutory rights
executive authority
judicial oversight
Questions to Reflect On
- What rights are truly protected during an Emergency?
- How does this balance executive power and individual liberties?
A Different Perspective
Statutory rights may be limited by other emergency measures.
