mirror of
https://github.com/captn3m0/constitution.git
synced 2024-09-28 22:23:03 +00:00
248 lines
12 KiB
Plaintext
248 lines
12 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 intern
|
||
al disturbance,
|
||
he may, by Proclamation, make a declaration to that effect.
|
||
(2) A Proclamation issued under clause (1)
|
||
(a) may be revoked 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 in to 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 the Proclamation has
|
||
been also passed by the House of the People.
|
||
|
||
(3) 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 or by internal
|
||
disturbance may be made before the actual occurrence of
|
||
war or of any such aggression or disturbance if the President
|
||
is satisfied that there is imminent danger thereof.
|
||
181
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
|
||
|
||
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:
|
||
|
||
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 the
|
||
passing of the second of the resolutions approving the Proclamation
|
||
under clause (3):
|
||
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:
|
||
|
||
|
||
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, to the extent
|
||
of the incompetency, cease to have effect on the expiration
|
||
of a period of one year after the Proclamation has ceased to
|
||
operate except as respects things done or omitted to be done
|
||
before the expiration of the said period, unless the provisions
|
||
which shall so cease to have effect are sooner repealed or re-
|
||
enacted with or without modification by Act of the appro-
|
||
priate Legislature.
|
||
185
|
||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
358. Suspension of provisions of article 19 during emergencies.—
|
||
While a Proclamation of Emergency 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:
|
||
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
|
||
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
|
||
|
||
|
||
(2) An order made as aforesaid may extend to the whole or any part of
|
||
the territory of India:
|
||
|
||
(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
|
||
|
||
|
||
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) The provisions of clause (2) of article 352 shall
|
||
apply in relation to a Proclamation issued under this article
|
||
as they apply in relation to a Proclamation of Emergency
|
||
issued under article 352.
|
||
(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.
|
||
|
||
|