nemo
/
constitution
mirror of https://github.com/captn3m0/constitution.git
1
0
Fork 0
Code Issues Projects Releases Wiki Activity

AMENDMENT_38_01081975

This commit is contained in:
Abhay Rana 2015-04-23 13:00:03 +05:30
parent ef4d6604ca
commit ebb69353b9
4 changed files with 49 additions and 2 deletions
Show Stats Download Patch File Download Diff File Expand all files Collapse all files

42
PART18.txt
View File

@ -37,7 +37,23 @@ is satisfied that there is imminent danger thereof.
THE CONSTITUTION OF INDIA
(4) The power conferred on the President by this article shall include the
power to issue different Proclamations on different grounds, being war or
external aggression or internal disturbance or imminent danger of war or externa
l
aggression or internal disturbance, whether or not there is a Proclamation alrea
dy
issued by the President under clause (1) and such Proclamation is in operation.
(5) Notwithstanding anything in this Constitution,-
(a) the satisfaction of the President mentioned in clause (1) and
clause (3) shall be final and conclusive and shall not be questioned
in any court on any ground;
(b) subject to the provisions of clause (2), neither the Supreme Court
nor any other court shall have jurisdiction to entertain any question,
on any ground, regarding the validity of-
(i) a declaration made by Proclamation by the President to the effect
stated in clause (1); or
(ii) the continued operation of such Proclamation.
353. Effect of Proclamation of Emergency.—While a Proclamation
of Emergency is in operation, then—
@ -139,7 +155,9 @@ on
unless before the expiration of the said period of thirty days a resolution
approving the continuance in force of the Proclamation has been also passed
by the House of the People:
(5) Notwithstanding anything in this Constitution, the satisfaction
of the President mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.
357. Exercise of legislative powers under Proclamation issued under
article 356.— (1) Where by a Proclamation issued under clause (1) of article
@ -198,6 +216,16 @@ shorter period as may be specified in the order.
THE CONSTITUTION OF INDIA
(1A) While an order made under clause (1) mentioning any of the rights
conferred by Part III is in operation, nothing in that
Part conferring those rights shall restrict the power of the State as defined in
the
said Part 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 order aforesaid ceases to operate, except as respects thin
gs
done or omitted to be done before the law so ceases to have effect:
(2) An order made as aforesaid may extend to the whole or any part of
the territory of India:
@ -244,5 +272,15 @@ Proclamation issued under this article is in operation to issue directions
for the reduction of salaries and allowances of all or any class of persons
serving in connection with the affairs of the Union including the Judges
of the Supreme Court and the High Courts.
(5) Notwithstanding anything in this Constitution,-
(a) the satisfaction of the President mentioned in clause (1) shall be
final and conclusive and shall not be questioned in any court on any
ground;
(b) subject to the provisions of clause (2), neither the Supreme Court
nor any other court shall have jurisdiction to entertain any question,
on any ground, regarding the validity of-
(i) a declaration made by Proclamation by the President to the effect
stated in clause (1); or
(ii) the continued operation of such Proclamation.

3
PART5.txt
View File

@ -1197,6 +1197,9 @@ purposes of this clause.
makes any provision which Parliament would not under this
Constitution be competent to enact, it shall be void.
(4) Notwithstanding anything in this Constitution, the satisfaction
of the President mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.
Ordinances as the circumstances appear to him to require,
CHAPTER IV.—THE UNION JUDICIARY

3
PART6.txt
View File

@ -1080,6 +1080,9 @@ pursuance of instructions from the President shall be deemed to be an Act of
the Legislature of the State which has been reserved for the consideration of th
e
President and assented to by him.
(4) Notwithstanding anything in this Constitution, the satisfaction
of the Governor mentioned in clause (1) shall be final and conclusive
and shall not be questioned in any court on any ground.
CHAPTER V.—THE HIGH COURTS IN THE STATES

3
PART8.txt
View File

@ -58,6 +58,9 @@ obtaining instructions from the President in that behalf.
which would not be valid if enacted in an Act of the Legislature of the Union
territory made after complying with the provisions in that behalf contained in
any such law as is referred to in clause (1) of article 239A, it shall be void.
(4) Notwithstanding anything in this Constitution, the satisfaction
of the administrator mentioned in clause (1) shall be final and
conclusive and shall not be questioned in any court on any ground.
240. Power of President to make regulations for certain Union
territories.—(1) The President may make regulations for the peace, progress