325 lines
16 KiB
Plaintext
325 lines
16 KiB
Plaintext
PART XVIII
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EMERGENCY PROVISIONS
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352. Proclamation of Emergency.—(1) If the President is satisfied that
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a grave emergency exists whereby the security of India or of any part of the
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territory thereof is threatened, whether by war or external aggression or intern
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al disturbance,
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he may, by Proclamation, make a declaration to that effect in respect
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of the whole of India or of such part of the territory thereof as may be specifi
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ed
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in the Proclamation.
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(2) A Proclamation issued under clause (1)
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(a) may be revoked or varied by a subsequent Proclamation ;
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(b) shall be laid before each House of Parliament ;
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(c) shall cease to operate at the expiration of two
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months unless before the expiration of that
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period it has been approved by resolutions of
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both Houses of Parliament :
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Provided that if any such Proclamation is issued at a
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time when the House of the People has been dissolved or
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the dissolution of the House of the People takes place during
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the period of two months referred in to sub-clause (c), and if
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a resolution approving the Proclamation has been passed by
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the Council of States, but no resolution with respect to such
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Proclamation has been passed by the House of the People
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before the expiration of that period, the Proclamation shall
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cease to operate at the expiration of thirty days from the
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date on which the House of the People first sits after its
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reconstitution unless before the expiration of the said period
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of thirty days a resolution approving the Proclamation has
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been also passed by the House of the People.
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(2A) Where a Proclamation issued under clause (1) is varied by a
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subsequent Proclamation, the provisions of clause (2) shall, so far as
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may be, apply in relation to such subsequent Proclamation as they
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apply in relation to a Proclamation issued under clause (1).
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(3) A proclamation of Emergency declaring that the
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security of India or any part of the territory thereof is
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threatened by war or by external aggression or by internal
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disturbance may be made before the actual occurrence of
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war or of any such aggression or disturbance if the President
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is satisfied that there is imminent danger thereof.
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181
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THE CONSTITUTION OF INDIA
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(4) The power conferred on the President by this article shall include the
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power to issue different Proclamations on different grounds, being war or
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external aggression or internal disturbance or imminent danger of war or externa
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l
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aggression or internal disturbance, whether or not there is a Proclamation alrea
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dy
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issued by the President under clause (1) and such Proclamation is in operation.
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(5) Notwithstanding anything in this Constitution,-
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(a) the satisfaction of the President mentioned in clause (1) and
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clause (3) shall be final and conclusive and shall not be questioned
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in any court on any ground;
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(b) subject to the provisions of clause (2), neither the Supreme Court
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nor any other court shall have jurisdiction to entertain any question,
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on any ground, regarding the validity of-
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(i) a declaration made by Proclamation by the President to the effect
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stated in clause (1); or
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(ii) the continued operation of such Proclamation.
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353. Effect of Proclamation of Emergency.—While a Proclamation
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of Emergency is in operation, then—
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(a) notwithstanding anything in this Constitution, the executive
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power of the Union shall extend to the giving of directions to any State
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as to the manner in which the executive power thereof is to be
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exercised;
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(b) the power of Parliament to make laws with respect to any
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matter shall include power to make laws conferring powers and
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imposing duties, or authorising the conferring of powers and the
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imposition of duties, upon the Union or officers and authorities of the
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Union as respects that matter, notwithstanding that it is one which is not
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enumerated in the Union List:
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Provided that where a Proclamation of Emergency is in operation only
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in any part of the territory of India,—
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(i) the executive power of the Union to give directions under
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clause (a), and
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(ii) the power of Parliament to make laws under clause (b),
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shall also extend to any State other than a State in which or in any part of
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which the Proclamation of Emergency is in operation if and in so far as the
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security of India or any part of the territory thereof is threatened by activiti
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es in
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or in relation to the part of the territory of India in which the Proclamation o
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f
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Emergency is in operation.
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354. Application of provisions relating to distribution of revenues
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while a Proclamation of Emergency is in operation.—(1) The President
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may, while a Proclamation of Emergency is in operation, by order direct that
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all or any of the provisions of articles 268 to 279 shall for such period, not
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extending in any case beyond the expiration of the financial year in which such
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Proclamation ceases to operate, as may be specified in the order, have effect
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subject to such exceptions or modifications as he thinks fit.
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182
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THE CONSTITUTION OF INDIA
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(2) Every order made under clause (1) shall, as soon as may be after it is
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made, be laid before each House of Parliament.
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355. Duty of the Union to protect States against external aggression
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and internal disturbance.—It shall be the duty of the Union to protect every
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State against external aggression and internal disturbance and to ensure that th
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e
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Government of every State is carried on in accordance with the provisions of
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this Constitution.
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356. Provisions in case of failure of constitutional machinery in
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States.—(1) If the President, on receipt of a report from the Governor of a St
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ate
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or otherwise, is satisfied that a situation has arisen in which the Government o
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f
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the State cannot be carried on in accordance with the provisions of this
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Constitution, the President may by Proclamation—
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(a) assume to himself all or any of the functions of the
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Government of the State and all or any of the powers vested in or
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exercisable by the Governor or any body or authority in the State other
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than the Legislature of the State;
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(b) declare that the powers of the Legislature of the State shall be
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exercisable by or under the authority of Parliament;
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(c) make such incidental and consequential provisions as appear
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to the President to be necessary or desirable for giving effect to the
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objects of the Proclamation, including provisions for suspending in
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whole or in part the operation of any provisions of this Constitution
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relating to any body or authority in the State:
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Provided that nothing in this clause shall authorise the President to
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assume to himself any of the powers vested in or exercisable by a High Court,
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or to suspend in whole or in part the operation of any provision of this
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Constitution relating to High Courts.
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(2) Any such Proclamation may be revoked or varied by a subsequent
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Proclamation.
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(3) Every Proclamation under this article shall be laid before each House
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of Parliament and shall, except where it is a Proclamation revoking a previous
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Proclamation, cease to operate at the expiration of two months unless before
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the expiration of that period it has been approved by resolutions of both Houses
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of Parliament:
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183
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THE CONSTITUTION OF INDIA
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Provided that if any such Proclamation (not being a Proclamation
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revoking a previous Proclamation) is issued at a time when the House of the
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People is dissolved or the dissolution of the House of the People takes place
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during the period of two months referred to in this clause, and if a resolution
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approving the Proclamation has been passed by the Council of States, but no
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resolution with respect to such Proclamation has been passed by the House of
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the People before the expiration of that period, the Proclamation shall cease to
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operate at the expiration of thirty days from the date on which the House of the
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People first sits after its reconstitution unless before the expiration of the s
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aid
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period of thirty days a resolution approving the Proclamation has been also
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passed by the House of the People.
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(4) A Proclamation so approved shall, unless revoked, cease to operate
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on the expiration of a period of one year from the date of the
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passing of the second of the resolutions approving the Proclamation
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under clause (3):
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Provided that if and so often as a resolution approving the continuance in
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force of such a Proclamation is passed by both Houses of Parliament, the
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Proclamation shall, unless revoked, continue in force for a further period of
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one year from the date on which under this clause it would otherwise have
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ceased to operate, but no such Proclamation shall in any case remain in force
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for more than three years:
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Provided further that if the dissolution of the House of the People takes
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place during any such period of one year and a resolution approving the
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continuance in force of such Proclamation has been passed by the Council of
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States, but no resolution with respect to the continuance in force of such
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Proclamation has been passed by the House of the People during the said
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period, the Proclamation shall cease to operate at the expiration of thirty days
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from the date on which the House of the People first sits after its reconstituti
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on
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unless before the expiration of the said period of thirty days a resolution
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approving the continuance in force of the Proclamation has been also passed
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by the House of the People:
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(5) Notwithstanding anything in this Constitution, the satisfaction
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of the President mentioned in clause (1) shall be final and conclusive
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and shall not be questioned in any court on any ground.
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357. Exercise of legislative powers under Proclamation issued under
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article 356.— (1) Where by a Proclamation issued under clause (1) of article
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356, it has been declared that the powers of the Legislature of the State shall
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be
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exercisable by or under the authority of Parliament, it shall be competent—
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(a) for Parliament to confer on the President the power of the
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Legislature of the State to make laws, and to authorise the President to
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delegate, subject to such conditions as he may think fit to impose, the
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power so conferred to any other authority to be specified by him in that
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behalf;
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(b) for Parliament, or for the President or other authority in whom
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such power to make laws is vested under sub-clause (a), to make laws
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conferring powers and imposing duties, or authorising the conferring of
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powers and the imposition of duties, upon the Union or officers and
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authorities thereof;
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(c) for the President to authorise when the House of the People is
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not in session expenditure from the Consolidated Fund of the State
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pending the sanction of such expenditure by Parliament.
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(2) Any law made in exercise of the power of the Legislature of the State
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by Parliament or the President or other authority referred to in sub-clause (a)
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of
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clause (1) which Parliament or the President or such other authority would not,
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but for the issue of a Proclamation under article 356, have been competent to
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make shall, after the Proclamation has ceased to operate, continue in force unti
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l
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altered or repealed or amended by a competent Legislature or other authority.
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185
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THE CONSTITUTION OF INDIA
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358. Suspension of provisions of article 19 during emergencies.—
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While a Proclamation of Emergency is in
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operation, nothing in article 19 shall restrict the power of the State as define
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d in
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Part III to make any law or to take any executive action which the State would
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but for the provisions contained in that Part be competent to make or to take,
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but any law so made shall, to the extent of the incompetency, cease to have
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effect as soon as the Proclamation ceases to operate, except as respects things
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done or omitted to be done before the law so ceases to have effect:
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Provided that where a Proclamation of Emergency is in operation
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only in any part of the territory of India, any such law may be made, or any
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such executive action may be taken, under this article in relation to or in any
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State or Union territory in which or in any part of which the Proclamation of
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Emergency is not in operation, if and in so far as the security of India or any
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part of the territory thereof is threatened by activities in or in relation to t
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he part
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of the territory of India in which the Proclamation of Emergency is in
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operation.
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359. Suspension of the enforcement of the rights conferred by Part
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III during emergencies.—(1) Where a Proclamation of Emergency is in
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operation, the President may by order declare that the right to move any court
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for the enforcement of such of the rights conferred by Part III
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as may be mentioned in the order and all proceedings pending in
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any court for the enforcement of the rights so mentioned shall remain
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suspended for the period during which the Proclamation is in force or for such
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shorter period as may be specified in the order.
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186
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THE CONSTITUTION OF INDIA
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(1A) While an order made under clause (1) mentioning any of the rights
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conferred by Part III is in operation, nothing in that
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Part conferring those rights shall restrict the power of the State as defined in
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the
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said Part to make any law or to take any executive action which the State would
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but for the provisions contained in that Part be competent to make or to take,
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but any law so made shall, to the extent of the incompetency, cease to have
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effect as soon as the order aforesaid ceases to operate, except as respects thin
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gs
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done or omitted to be done before the law so ceases to have effect:
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Provided that where a Proclamation of Emergency is in operation only in
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any part of the territory of India, any such law may be made, or any such
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executive action may be taken, under this article in relation to or in any State
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or
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Union territory in which or in any part of which the Proclamation of
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Emergency is not in operation, if and in so far as the security of India or any
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part of the territory thereof is threatened by activities in or in relation to t
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he part
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of the territory of India in which the Proclamation of Emergency is in
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operation.
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(2) An order made as aforesaid may extend to the whole or any part of
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the territory of India:
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Provided that where a Proclamation of Emergency is in operation only in
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a part of the territory of India, any such order shall not extend to any other p
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art
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of the territory of India unless the President, being satisfied that the securit
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y of
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India or any part of the territory thereof is threatened by activities in or in
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relation to the part of the territory of India in which the Proclamation of
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Emergency is in operation, considers such extension to be necessary.
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(3) Every order made under clause (1) shall, as soon as may be after it is
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made, be laid before each House of Parliament.
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187
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THE CONSTITUTION OF INDIA
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360. Provisions as to financial emergency.—(1) If the President is
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satisfied that a situation has arisen whereby the financial stability or credit
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of
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India or of any part of the territory thereof is threatened, he may by a
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Proclamation make a declaration to that effect.
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(2) The provisions of clause (2) of article 352 shall
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apply in relation to a Proclamation issued under this article
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as they apply in relation to a Proclamation of Emergency
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issued under article 352.
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(3) During the period any such Proclamation as is mentioned in clause
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(1) is in operation, the executive authority of the Union shall extend to the
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giving of directions to any State to observe such canons of financial propriety
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as may be specified in the directions, and to the giving of such other direction
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s
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as the President may deem necessary and adequate for the purpose.
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(4) Notwithstanding anything in this Constitution—
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(a) any such direction may include—
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(i) a provision requiring the reduction of salaries and allowances
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of all or any class of persons serving in connection with the affairs of
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a State;
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188
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THE CONSTITUTION OF INDIA
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(ii) a provision requiring all Money Bills or other Bills to which
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the provisions of article 207 apply to be reserved for the
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consideration of the President after they are passed by the Legislature
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of the State;
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(b) it shall be competent for the President during the period any
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Proclamation issued under this article is in operation to issue directions
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for the reduction of salaries and allowances of all or any class of persons
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serving in connection with the affairs of the Union including the Judges
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of the Supreme Court and the High Courts.
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(5) Notwithstanding anything in this Constitution,-
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(a) the satisfaction of the President mentioned in clause (1) shall be
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final and conclusive and shall not be questioned in any court on any
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ground;
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(b) subject to the provisions of clause (2), neither the Supreme Court
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nor any other court shall have jurisdiction to entertain any question,
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on any ground, regarding the validity of-
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(i) a declaration made by Proclamation by the President to the effect
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stated in clause (1); or
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(ii) the continued operation of such Proclamation.
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