What is the purpose of Section 39, as inserted by the Constitution (Forty-fourth Amendment) Act, 1978?
The purpose of Section 39, as inserted by the Constitution (Forty-fourth Amendment) Act, 1978, is to prevent the suspension of the enforcement of rights conferred by Part III during emergencies. It provides for a Proclamation of Emergency, allowing the President to declare that certain rights under Part III remain suspended while the Proclamation is in force or for a shorter period specified in the order. Additionally, it ensures that the State's power to make laws or take executive action is not restricted by the provisions of Part III during such emergencies.