The President can suspend the Fundamental Rights granted by the Indian Constitution in an emergency deriving from a threat to India's security or any portion of its territory, or owing to real external attack. It should be highlighted that the President must issue a special order suspending the Fundamental Rights, which must be presented to Parliament as soon as feasible.

Except for the rights provided under Articles 20 and 21, the President of India can also suspend the right to go to court to vindicate these Fundamental Rights. The state has the authority to make any law or take any executive action in relation to the Fundamental Rights once such directives have been made. However, such law shall cease to have force, to the extent that it is ineffective, as soon as the aforementioned order ceases to act.

It should be highlighted that in other democratic countries, such as the United States, people' fundamental rights cannot be suspended even in times of emergency. No surprise, some members of the Constituent Assembly vehemently opposed the inclusion of this provision in the Constitution, fearing that the executive would use it to impose dictatorship on the people. For example, HV Kamat strongly opposed the inclusion of this provision in the Constitution, fearing that the executive would use it to impose dictatorship on the people.

However, the members were overwhelmingly in favour of including this article in the Constitution, citing the national interest as a reason. They contended that national interests must take precedence over individual interests, and that there could be no discussion of individual Fundamental Rights when a country's very existence was at issue. They went on to say that these were special measures designed to deal with unusual occurrences.