This is extremely significant, because Article 21 is considered the heart and soul of fundamental rights. Even during a national emergency, Article 21

59th Amendment of the Indian Constitution, 1988

The late 1980s were one of the most troubled periods in the political history of modern India. The state of Punjab was going through a phase of intense terrorism, separatism, political instability, and widespread violence. The Indian government, under Prime Minister Rajiv Gandhi, was under tremendous pressure to restore law and order. It was during this extremely sensitive time that the 59th Constitutional Amendment Act, 1988 was passed.

On paper, the amendment may look like a small change related to emergency provisions. But in reality, it was one of the most powerful and controversial amendments ever made, because it allowed the possibility of suspending even Article 21 — the Right to Life and Personal Liberty — in the state of Punjab during an emergency.

This is extremely significant, because Article 21 is considered the heart and soul of fundamental rights. Even during a national emergency, Article 21 is usually protected (after the 44th Amendment). But the 59th Amendment carved out a special exception for Punjab.

The amendment was introduced to tackle terrorism, but it raised major concerns about federalism, democracy, human rights, and the limits of state power.

This 4000+ word blog post explains everything — the political background, the rise of terrorism in Punjab, the government’s reasoning behind the amendment, the exact changes made in the Constitution, the criticisms, the aftermath, and why the amendment was eventually reversed later by the 63rd Amendment.

Everything is explained in simple, smooth, handwritten-style English.

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Historical Background: Understanding Punjab’s Crisis Before the 59th Amendment

To fully understand the amendment, we must understand what Punjab was going through in the early and mid-1980s.

1. Rise of Militancy

Punjab was suffering from violent extremism, bombings, assassinations, and separatist demands.
Several extremist groups demanded Khalistan, a separate nation.

2. Political Unrest

The failure of political negotiations between the Centre and the Akali Dal added tension.

3. Operation Blue Star (1984)

In June 1984, the Indian Army launched Operation Blue Star to remove militants from the Golden Temple complex in Amritsar.
This event caused:

• massive resentment

• emotional trauma among Sikhs

• rise in militant recruitment

4. Assassination of Prime Minister Indira Gandhi

Later in October 1984, Indira Gandhi was assassinated by her Sikh bodyguards in revenge for Operation Blue Star.

This resulted in:

• nationwide riots

• distrust between communities

• further destabilization of Punjab

5. President’s Rule in Punjab

Punjab was frequently under President’s Rule because elected governments could not function properly.

6. Civil Administration Collapse

Police forces were overwhelmed.
Judiciary faced threats.
Bureaucracy struggled to function.
Law and order was collapsing.

7. Fear of Secession

The government feared that if terrorism continued, Punjab could drift toward secession or create internal civil war.

Thus, the central government wanted extraordinary constitutional powers to handle an extraordinary situation.

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Emergency Provisions Before the 59th Amendment

To understand what changed, we must know how emergency powers worked before this amendment.

National Emergency (Article 352)

Emergency could be declared on:

• war

• external aggression

• internal disturbance (before 44th Amendment)

• armed rebellion (after 44th Amendment)

Suspension of Fundamental Rights (Article 358 and 359)

Before the 44th Amendment (1978), almost all fundamental rights could be suspended.

But after the 44th Amendment:

• Article 20 and Article 21 cannot be suspended, even during emergency.

This was done to protect citizens’ basic rights after the Emergency excesses of 1975-77.

Impact on Punjab

After the 44th Amendment, the government could NOT suspend Article 21 under any circumstances.

But Punjab’s situation was so extreme that the government believed they needed extraordinary powers.

Thus came the 59th Amendment.

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Why the 59th Amendment Was Introduced (Detailed Explanation)

Let’s break down the government’s reasoning:

1. Severe Breakdown of Law and Order

Punjab was witnessing:

• killings every day

• bomb blasts

• kidnappings

• attacks on police

• attacks on civilians

• attacks on politicians

• destruction of public property

2. Administration Could Not Function

Civil servants faced threats.
Judges lived under police protection.
Public offices were unsafe.
Normal governance had collapsed.

3. External Support to Terrorism

Government believed Pakistani agencies were supporting extremist groups.

4. Threat to National Unity

Punjab is a border state.
If Punjab destabilized, national security itself was threatened.

5. Governor’s Local Reports Warned of Crisis

Governor reports suggested that ordinary emergency powers were not enough.

6. Need for Special Emergency

Government believed a normal emergency would not give the powers needed to dismantle terrorism.

7. Suspension of Article 21 Seen as Necessary

Article 21 protects:

• right to life

• right to fair trial

• protection against unlawful arrest

The government felt militant groups used these protections to escape detention and trial.

Thus they wanted temporary power to suspend Article 21 only in Punjab.

This was the foundation of the amendment.

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What the 59th Amendment Actually Did (Simple Breakdown)

The amendment made three major changes.

1. Allowed National Emergency to Be Declared in Punjab on “Internal Disturbance”

After the 44th Amendment, emergency could be declared only on:

• war

• external aggression

• armed rebellion

But the 59th Amendment allowed emergency in Punjab only based on:

• “internal disturbance”

This brought back an older, wider ground for emergency.
But only for Punjab.

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2. Allowed Suspension of Article 21 in Punjab

This is the MOST controversial part.

Article 21 protects the:

• right to life

• right to personal liberty

• right to fair legal procedure

The amendment allowed Article 21 to be suspended in Punjab during emergency.

This meant:

• people could be detained without fair trial

• police could make arrests without following all procedures

• habeas corpus could be suspended

Basically, the government could take extreme measures.

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3. Allowed Suspension of Enforcement of Other Fundamental Rights

Article 359 allows suspension of rights during emergency.

The amendment expanded this for Punjab.

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In Simple Terms:

The amendment allowed the government to use:

• emergency powers

• suspension of rights

• tougher security laws

specifically in Punjab.

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Changes Made to the Constitution

The amendment modified:

Article 356 (Emergency in Punjab)

Article 359 (Suspension of rights)

Added a new clause allowing special emergency in Punjab

These clauses were temporary and expired after a period unless renewed.

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Why the Amendment Was Extremely Controversial

This amendment has one of the worst reputations in constitutional history because:

1. It Allowed Suspension of Article 21

Article 21 is considered absolute.
Suspending it is like suspending the basic right to live.

2. Critics Called It “Mini-Emergency”

Many compared it to the Emergency of 1975-77.

3. It Gave Dangerous Powers

Government could:

• arrest without warrant

• detain without trial

• suppress opposition

• censor media

4. Risk of Human Rights Violations

Suspension of right to life creates room for:

• extrajudicial killings

• torture

• police excess

• forced disappearances

5. Opposition Parties Strongly Criticized It

They said the government was becoming authoritarian.

6. Civil Liberties Groups Condemned It

Human rights activists called it a “constitutional disaster”.

7. It Undermined 44th Amendment

44th Amendment had protected Article 21 forever.
59th Amendment bypassed this protection.

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Why the Government Defended the Amendment

Government justified the amendment based on:

1. Extraordinary Terror Situation

They said ordinary laws could not fight well-armed terrorists who had:

• AK-47s

• explosives

• training bases

• cross-border support

2. Protecting Citizens

The purpose, according to government, was:

“to protect innocent lives.”

3. Preventing Secession

The Khalistan movement was serious.
Government believed if Punjab collapsed, the nation would suffer.

4. Allowing Army & Police to Act Freely

Security forces needed greater freedom in counter-terror operations.

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Effect of the 59th Amendment

1. Emergency Powers Became Extremely Strong

Government had ability to take instant action.

2. Security Forces Became More Active

They conducted operations more freely.

3. Political Activity Reduced

Many political events were restricted.

4. Fear Increased

Citizens feared misuse of powers.

5. Judicial Oversight Reduced

Courts could not intervene as strongly.

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Did the Government Actually Suspend Article 21?

No.

Although the amendment allowed suspension of Article 21,
it was NEVER invoked.

No formal order was ever issued to suspend Article 21.

But the possibility itself was alarming and dangerous.

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Why the Amendment Was Later Repealed – The 63rd Amendment (1990)

The 59th Amendment did not last long.

In 1990, the 63rd Amendment repealed it completely.

Reasons for Repeal:

1. Peace Situation Improving

Punjab slowly began recovering.

2. Public Pressure

Citizens did not want such extreme emergency powers.

3. Political Change

New government came to power (V.P. Singh).
They opposed such authoritarian provisions.

4. Human Rights Concerns

The amendment was seen as violating basic human rights.

5. Respect for Article 21

Supreme Court and civil activists argued Article 21 should never be touched.

Thus, Article 21 regained full protection.

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Connection With Other Laws Passed During Punjab Crisis

The amendment worked along with:

• TADA (Terrorist & Disruptive Activities Act)

• NSA (National Security Act)

• President’s Rule

• Special Armed Forces laws

These laws already gave strong powers.
But the 59th Amendment would have taken it to an even higher level.

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Criticism From Constitutional Experts

Experts argued:

1. It Violated Basic Structure

Supreme Court says basic structure cannot be destroyed.
Article 21 is part of basic structure.

2. It Encouraged State Excesses

It gave too much power to security forces.

3. It Set a Dangerous Precedent

If Punjab could have this, any state could.

4. It Undermined Democracy

Suspending right to life is against democratic ethics.

5. It Ignored Root Causes

Terrorism should be fought by reform and dialogue too, not just force.

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Positive Aspects (Government’s View)

To be fair, some argue the amendment was necessary at that time.

1. Showed Government’s Will to Fight Terror

Strong measures show seriousness.

2. Gave Confidence to Security Forces

They needed protection from legal obstacles.

3. Prevented Greater Violence

Some officials claim it helped prevent large-scale attacks.

4. Was Never Misused

Since the amendment was never invoked, no actual suspension of Article 21 happened.

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Long-Term Impact

Even though repealed, the amendment had long-term implications.

1. Strengthened the Importance of Article 21

The backlash showed Article 21 must remain untouched forever.

2. Proved That Too Much Power is Dangerous

Even during crisis, rights must be preserved.

3. Increased Public Awareness About Emergency Powers

People became more aware of constitutional dangers.

4. Set a Lesson for Future Governments

Never suspend basic rights even in the worst crisis.

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Did the 59th Amendment Help End Terrorism?

Not directly.

Terrorism in Punjab ended through:

• strong policing

• better administration

• political settlement

• public cooperation

• reduction in foreign support

The amendment itself was mostly symbolic.

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Conclusion

The 59th Constitutional Amendment Act, 1988 remains one of the most controversial amendments in Indian constitutional history. Passed during a period of extreme violence in Punjab, the amendment temporarily allowed the Central Government to declare emergency in Punjab based on “internal disturbance” and even permitted the suspension of Article 21, the sacred right to life and personal liberty.

While the intention behind the amendment may have been to tackle terrorism, the amendment itself crossed a line that many believed a democratic government should never cross. It created widespread fear, attracted criticism from legal experts, human rights groups, and opposition parties. Ultimately, it was repealed just two years later by the 63rd Amendment.

In the final analysis, the 59th Amendment stands as a reminder that national security must be balanced with human rights, and that even in the darkest times, liberty should not be sacrificed permanently. The amendment taught India that constitutional values must be protected carefully, and emergency powers must never be misused.

In simple words:

The 59th Amendment shows how far a democracy can go under pressure — and how important it is to step back in time.