Article 358 of Indian Constitution – Suspension of provisions of article 19 during emergencies

Article 358 of Indian Constitution: Suspension of provisions of article 19 during emergencies

Article 358 Suspension of provisions of article 19 during emergencies – Constitution Of India

(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation], nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:

Provided that where such Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not 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.

(2) Nothing in clause (1) shall apply—

(a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or

(b) to any executive action taken otherwise than under a law containing such a recital.


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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