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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 _308[armed rebellion], he may, by Proclamation, make a declaration to that
effect _309[in respect of the whole of India or of such part of the territory thereof as
may be specified in the 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 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.
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 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 reconstituion 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.]
_312[_313(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 _314[armed
rebellion] or imminent danger of war or external aggression or _314[armed rebellion],
whether or not there is a Proclamation already issued by the President under clause (1)
and such Proclamation is in operation.
_315* * * * *
PART XVIII
EMERGENCY PROVISIONS
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:
_316[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 activities in or in relation to the part of the territory of
India in which the Proclamation of Emergency is in operation.]
PART XVIII
EMERGENCY PROVISIONS
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.
(2) Every order made
under clause (1) shall, as soon as may be after it is made, be laid before each House of
Parliament.
PART XVIII
EMERGENCY PROVISIONS
355. Duty of the Union to protect States against external aggression and internal
disturbance.-
Part XVIII
EMERGENCY PROVISIONS
356. Provisions in case of failure of constitutional
machinery in States.-
(1) If the President, on receipt of a report from the
Governor _304*** of a State or otherwise, is satisfied that a situation has arisen in
which the Government of 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 _317*** 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:
(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:
(4) A Proclamation so
approved shall, unless revoked, cease to operate on the expiration of a period of _318[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 _319[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 _319[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 reconstitution 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:
_320[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 _321[five years].]
_322[(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
(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:]
_323[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.]
Part XVIII
EMERGENCY PROVISIONS
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.
_324[(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 until altered or repealed or amended by a competent Legislature
or other authority.]
Part XVIII
EMERGENCY PROVISIONS
358. Suspension of provisions of article 19 during
emergencies.-
_325[(1)]_326[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:
_327[Provided that
_328[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.]
(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.]
|
Part XVIII EMERGENCY PROVISIONS 359. Suspension of the enforcement of the rights conferred
_331[(1A) While an order
_332[Provided that where
_333[(1B) Nothing in (a) to any law which does (b) to any executive (2) An order made as _332[Provided that where (3) Every order made |
Part XVIII
Rep. by the Constitution
(Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).
Part XVIII
EMERGENCY PROVISIONS
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.
(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 the 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 directions as the President may deem necessary and adequate for the purpose.
(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;
(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.
_335* * * * *