397 lines
21 KiB
Plaintext
397 lines
21 KiB
Plaintext
PART XVIII
|
||
EMERGENCY PROVISIONS
|
||
352. Proclamation of Emergency.—(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 armed
|
||
rebellion, he may, by Proclamation, make a declaration to that effect in respect
|
||
of the whole of India or of such part of the territory thereof as may be specifi
|
||
ed
|
||
in the Proclamation.
|
||
Explanation.—A Proclamation of Emergency declaring that the security
|
||
of India or any part of the territory thereof is threatened by war or by externa
|
||
l
|
||
aggression or by armed rebellion may be made before the actual occurrence of
|
||
war or of any such aggression or rebellion, if the President is satisfied that t
|
||
here
|
||
is imminent danger thereof.
|
||
(2) A Proclamation issued under clause (1) may be varied or revoked by
|
||
a subsequent Proclamation.
|
||
(3) The President shall not issue a Proclamation under clause (1) or a
|
||
Proclamation varying such Proclamation unless the decision of the Union
|
||
Cabinet (that is to say, the Council consisting of the Prime Minister and other
|
||
Ministers of Cabinet rank appointed under article 75) that such a Proclamation
|
||
may be issued has been communicated to him in writing.
|
||
(4) Every Proclamation issued under this article shall be laid before each
|
||
House of Parliament and shall, except where it is a Proclamation revoking a
|
||
previous Proclamation, cease to operate at the expiration of one month unless
|
||
before the expiration of that period it has been approved by resolutions of both
|
||
Houses of Parliament:
|
||
Provided that if any such Proclamation (not being a Proclamation
|
||
revoking a previous Proclamation) is issued at a time when the House of the
|
||
People has been dissolved, or the dissolution of the House of the People takes
|
||
place during the period of one month referred to in this clause, and if a
|
||
resolution approving the Proclamation has been passed by the Council of
|
||
States, but no resolution with respect to such Proclamation has been passed by
|
||
the House of the People before the expiration of that period, the Proclamation
|
||
shall cease to operate at the expiration of thirty days from the date on which t
|
||
he
|
||
House of the People first sits after its reconstitution, unless before the
|
||
expiration of the said period of thirty days a resolution approving the
|
||
Proclamation has been also passed by the House of the People.
|
||
|
||
179
|
||
|
||
180
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(5) A Proclamation so approved shall, unless revoked, cease to operate
|
||
on the expiration of a period of six months from the date of the passing of the
|
||
second of the resolutions approving the Proclamation under clause (4):
|
||
Provided that if and so often as a resolution approving the continuance in
|
||
force of such a Proclamation is passed by both Houses of Parliament the
|
||
Proclamation shall, unless revoked, continue in force for a further period of si
|
||
x
|
||
months from the date on which it would otherwise have ceased to operate under
|
||
this clause:
|
||
Provided further that if the dissolution of the House of the People takes
|
||
place during any such period of six months and a resolution approving the
|
||
continuance in force of such Proclamation has been passed by the Council of
|
||
States but no resolution with respect to the continuance in force of such
|
||
Proclamation has been passed by the House of the People during the said
|
||
period, the Proclamation shall cease to operate at the expiration of thirty days
|
||
from the date on which the House of the People first sits after its reconstituti
|
||
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.
|
||
(6) For the purposes of clauses (4) and (5), a resolution may be passed
|
||
by either House of Parliament only by a majority of the total membership of
|
||
that House and by a majority of not less than two-thirds of the Members of that
|
||
House present and voting.
|
||
(7) Notwithstanding anything contained in the foregoing clauses, the
|
||
President shall revoke a Proclamation issued under clause (1) or a Proclamation
|
||
varying such Proclamation if the House of the People passes a resolution
|
||
disapproving, or, as the case may be, disapproving the continuance in force of,
|
||
such Proclamation.
|
||
(8) Where a notice in writing signed by not less than one-tenth of the
|
||
total number of members of the House of the People has been given, of their
|
||
intention to move a resolution for disapproving, or, as the case may be, for
|
||
disapproving the continuance in force of, a Proclamation issued under clause
|
||
(1) or a Proclamation varying such Proclamation,—
|
||
(a) to the Speaker, if the House is in session; or
|
||
(b) to the President, if the House is not in session,
|
||
a special sitting of the House shall be held within fourteen days from the date
|
||
on which
|
||
such notice is received by the Speaker, or, as the case may be, by the President
|
||
, for the
|
||
purpose of considering such resolution.
|
||
|
||
181
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(9) 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 armed rebellion or imminent danger of war or external
|
||
aggression or armed rebellion, whether or not there is a Proclamation already
|
||
issued by the President under clause (1) and such Proclamation is in operation.
|
||
353. Effect of Proclamation of Emergency.—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 activiti
|
||
es in
|
||
or in relation to the part of the territory of India in which the Proclamation o
|
||
f
|
||
Emergency is in operation.
|
||
354. Application of provisions relating to distribution of revenues
|
||
while a Proclamation of Emergency is in operation.—(1) The President
|
||
may, while a Proclamation of Emergency is in operation, by order direct that
|
||
all or any of the provisions of articles 268 to 279 shall for such period, not
|
||
extending in any case beyond the expiration of the financial year in which such
|
||
Proclamation ceases to operate, as may be specified in the order, have effect
|
||
subject to such exceptions or modifications as he thinks fit.
|
||
|
||
182
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(2) Every order made under clause (1) shall, as soon as may be after it is
|
||
made, be laid before each House of Parliament.
|
||
355. Duty of the Union to protect States against external aggression
|
||
and internal disturbance.—It shall be the duty of the Union to protect every
|
||
State against external aggression and internal disturbance and to ensure that th
|
||
e
|
||
Government of every State is carried on in accordance with the provisions of
|
||
this Constitution.
|
||
356. Provisions in case of failure of constitutional machinery in
|
||
States.—(1) If the President, on receipt of a report from the Governor of a St
|
||
ate
|
||
or otherwise, is satisfied that a situation has arisen in which the Government o
|
||
f
|
||
the State cannot be carried on in accordance with the provisions of this
|
||
Constitution, the President may by Proclamation—
|
||
(a) assume to himself all or any of the functions of the
|
||
Government of the State and all or any of the powers vested in or
|
||
exercisable by the Governor or any body or authority in the State other
|
||
than the Legislature of the State;
|
||
(b) declare that the powers of the Legislature of the State shall be
|
||
exercisable by or under the authority of Parliament;
|
||
(c) make such incidental and consequential provisions as appear
|
||
to the President to be necessary or desirable for giving effect to the
|
||
objects of the Proclamation, including provisions for suspending in
|
||
whole or in part the operation of any provisions of this Constitution
|
||
relating to any body or authority in the State:
|
||
Provided that nothing in this clause shall authorise the President to
|
||
assume to himself any of the powers vested in or exercisable by a High Court,
|
||
or to suspend in whole or in part the operation of any provision of this
|
||
Constitution relating to High Courts.
|
||
(2) Any such Proclamation may be revoked or varied by a subsequent
|
||
Proclamation.
|
||
(3) Every Proclamation under this article shall be laid before each House
|
||
of Parliament and shall, except where it is a Proclamation revoking a previous
|
||
Proclamation, cease to operate at the expiration of two months unless before
|
||
the expiration of that period it has been approved by resolutions of both Houses
|
||
of Parliament:
|
||
|
||
183
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
Provided that if any such Proclamation (not being a Proclamation
|
||
revoking a previous Proclamation) is issued at a time when the House of the
|
||
People is dissolved or the dissolution of the House of the People takes place
|
||
during the period of two months referred to in this clause, and if a resolution
|
||
approving the Proclamation has been passed by the Council of States, but no
|
||
resolution with respect to such Proclamation has been passed by the House of
|
||
the People before the expiration of that period, the Proclamation shall cease to
|
||
operate at the expiration of thirty days from the date on which the House of the
|
||
People first sits after its reconstitution unless before the expiration of the s
|
||
aid
|
||
period of thirty days a resolution approving the Proclamation has been also
|
||
passed by the House of the People.
|
||
(4) A Proclamation so approved shall, unless revoked, cease to operate
|
||
on the expiration of a period of six months from the date of issue of the
|
||
Proclamation:
|
||
Provided that if and so often as a resolution approving the continuance in
|
||
force of such a Proclamation is passed by both Houses of Parliament, the
|
||
Proclamation shall, unless revoked, continue in force for a further period of
|
||
six months from the date on which under this clause it would otherwise have
|
||
ceased to operate, but no such Proclamation shall in any case remain in force
|
||
for more than three years:
|
||
Provided further that if the dissolution of the House of the People takes
|
||
place during any such period of six months and a resolution approving the
|
||
continuance in force of such Proclamation has been passed by the Council of
|
||
States, but no resolution with respect to the continuance in force of such
|
||
Proclamation has been passed by the House of the People during the said
|
||
period, the Proclamation shall cease to operate at the expiration of thirty days
|
||
from the date on which the House of the People first sits after its reconstituti
|
||
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:
|
||
Provided also that in the case of the Proclamation issued under clause (1)
|
||
on the 11th day of May, 1987 with respect to the State of Punjab, the reference
|
||
in the first proviso to this clause to “three years” shall be construed as a
|
||
reference to five years.
|
||
(5) Notwithstanding anything contained in clause (4), a resolution with
|
||
respect to the continuance in force of a Proclamation approved under clause (3)
|
||
for any period beyond the expiration of one year from the date of issue of such
|
||
Proclamation shall not be passed by either House of Parliament unless—
|
||
(a) a Proclamation of Emergency is in operation, in the whole of
|
||
India or, as the case may be, in the whole or any part of the State, at the
|
||
time of the passing of such resolution, and
|
||
|
||
184
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(b) the Election Commission certifies that the continuance in force
|
||
of the Proclamation approved under clause (3) during the period
|
||
specified in such resolution is necessary on account of difficulties in
|
||
holding general elections to the Legislative Assembly of the State
|
||
concerned:
|
||
Provided that nothing in this clause shall apply to the Proclamation
|
||
issued under clause (1) on the 11th day of May, 1987 with respect to the State
|
||
of Punjab.
|
||
357. Exercise of legislative powers under Proclamation issued under
|
||
article 356.— (1) Where by a Proclamation issued under clause (1) of article
|
||
356, it has been declared that the powers of the Legislature of the State shall
|
||
be
|
||
exercisable by or under the authority of Parliament, it shall be competent—
|
||
(a) for Parliament to confer on the President the power of the
|
||
Legislature of the State to make laws, and to authorise the President to
|
||
delegate, subject to such conditions as he may think fit to impose, the
|
||
power so conferred to any other authority to be specified by him in that
|
||
behalf;
|
||
(b) for Parliament, or for the President or other authority in whom
|
||
such power to make laws is vested under sub-clause (a), 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 thereof;
|
||
(c) for the President to authorise when the House of the People is
|
||
not in session expenditure from the Consolidated Fund of the State
|
||
pending the sanction of such expenditure by Parliament.
|
||
(2) Any law made in exercise of the power of the Legislature of the State
|
||
by Parliament or the President or other authority referred to in sub-clause (a)
|
||
of
|
||
clause (1) which Parliament or the President or such other authority would not,
|
||
but for the issue of a Proclamation under article 356, have been competent to
|
||
make shall, after the Proclamation has ceased to operate, continue in force unti
|
||
l
|
||
altered or repealed or amended by a competent Legislature or other authority.
|
||
|
||
185
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
358. Suspension of provisions of article 19 during emergencies.— (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 define
|
||
d 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 t
|
||
he 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.
|
||
359. Suspension of the enforcement of the rights conferred by Part
|
||
III during emergencies.—(1) Where a Proclamation of Emergency is in
|
||
operation, the President may by order declare that the right to move any court
|
||
for the enforcement of such of the rights conferred by Part III (except articles
|
||
20 and 21) as may be mentioned in the order and all proceedings pending in
|
||
any court for the enforcement of the rights so mentioned shall remain
|
||
suspended for the period during which the Proclamation is in force or for such
|
||
shorter period as may be specified in the order.
|
||
|
||
186
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(1A) While an order made under clause (1) mentioning any of the rights
|
||
conferred by Part III (except articles 20 and 21) is in operation, nothing in th
|
||
at
|
||
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:
|
||
Provided that where a 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 t
|
||
he part
|
||
of the territory of India in which the Proclamation of Emergency is in
|
||
operation.
|
||
(1B) Nothing in clause (1A) 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.
|
||
(2) An order made as aforesaid may extend to the whole or any part of
|
||
the territory of India:
|
||
Provided that where a Proclamation of Emergency is in operation only in
|
||
a part of the territory of India, any such order shall not extend to any other p
|
||
art
|
||
of the territory of India unless the President, being satisfied that the securit
|
||
y 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, considers such extension to be necessary.
|
||
(3) Every order made under clause (1) shall, as soon as may be after it is
|
||
made, be laid before each House of Parliament.
|
||
|
||
187
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
359A. [Application of this Part to the State of Punjab.] Rep. by the
|
||
Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).
|
||
360. Provisions as to financial emergency.—(1) If the President is
|
||
satisfied that a situation has arisen whereby the financial stability or credit
|
||
of
|
||
India or of any part of the territory thereof is threatened, he may by a
|
||
Proclamation make a declaration to that effect.
|
||
(2) A Proclamation issued under clause (1)—
|
||
(a) may be revoked or varied by a subsequent Proclamation;
|
||
(b) shall be laid before each House of Parliament;
|
||
(c) shall cease to operate at the expiration of two months, unless
|
||
before the expiration of that period it has been approved by resolutions
|
||
of both Houses of Parliament:
|
||
Provided that if any such Proclamation is issued at a time when the
|
||
House of the People has been dissolved or the dissolution of the House of the
|
||
People takes place during the period of two months referred to in sub-clause
|
||
(c), and if a resolution approving the Proclamation has been passed by the
|
||
Council of States, but no resolution with respect to such Proclamation has been
|
||
passed by the House of the People before the expiration of that period, the
|
||
Proclamation shall cease to operate at the expiration of thirty days from the
|
||
date on which the House of the People first sits after its reconstitution unless
|
||
before the expiration of the said period of thirty days a resolution approving t
|
||
he
|
||
Proclamation has been also passed by the House of the People.
|
||
(3) During the period any such Proclamation as is mentioned in clause
|
||
(1) is in operation, the executive authority of the Union shall extend to the
|
||
giving of directions to any State to observe such canons of financial propriety
|
||
as may be specified in the directions, and to the giving of such other direction
|
||
s
|
||
as the President may deem necessary and adequate for the purpose.
|
||
(4) Notwithstanding anything in this Constitution—
|
||
(a) any such direction may include—
|
||
(i) a provision requiring the reduction of salaries and allowances
|
||
of all or any class of persons serving in connection with the affairs of
|
||
a State;
|
||
|
||
188
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
(ii) a provision requiring all Money Bills or other Bills to which
|
||
the provisions of article 207 apply to be reserved for the
|
||
consideration of the President after they are passed by the Legislature
|
||
of the State;
|
||
(b) it shall be competent for the President during the period any
|
||
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.
|
||
|
||
|