Article 353 of Indian Constitution – Effect of Proclamation of Emergency

Article 353 of Indian Constitution: Effect of Proclamation of Emergency

Article 353 Effect of Proclamation of Emergency – Constitution Of India

While a Proclamation of Emergency is in operation, then—

(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;

(b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List:

Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—

(i) the executive power of the Union to give directions under clause (a), and

(ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.


Constitution Of India Part 18 Emergency Provisions – Articles 352 to 360


Article 352 of Indian Constitution – Proclamation of Emergency

Article 352 of Indian Constitution: Proclamation of Emergency Article 352 Proclamation of Emergency - Constitution Of India (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or ...

Article 353 of Indian Constitution – Effect of Proclamation of Emergency

Article 353 of Indian Constitution: Effect of Proclamation of Emergency Article 353 Effect of Proclamation of Emergency - Constitution Of India While a Proclamation of Emergency is in operation, then— (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to ...

Article 354 of Indian Constitution – Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation

Article 354 of Indian Constitution: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation Article 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation - Constitution Of India (1) The President may, while a Proclamation of ...

Article 355 of Indian Constitution -Duty of the Union to protect States against external aggression and internal disturbance

Article 355 of Indian Constitution: Duty of the Union to protect States against external aggression and internal disturbance Article 355 Duty of the Union to protect States against external aggression and internal disturbance - Constitution Of India It shall be the duty of the Union to protect every State against external ...

Article 356 of Indian Constitution – Provisions in case of failure of constitutional machinery in States

Article 356 of Indian Constitution: Provisions in case of failure of constitutional machinery in States Article 356 Provisions in case of failure of constitutional machinery in States - Constitution Of India (1) If the President, on receipt of a report from the Governor 1 *** of a State or otherwise, ...

Article 357 of Indian Constitution – Exercise of legislative powers under Proclamation issued under article 356

Article 357 of Indian Constitution: Exercise of legislative powers under Proclamation issued under article 356 Article 357 Exercise of legislative powers under Proclamation issued under article 356 - Constitution Of India (1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of ...

 

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