EMERGENCY PROVISIONS
Article
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 1 [armed rebellion,] he may, by Proclamation, make a
declaration to that effect 2 [in respect of the whole of India or of
such part of the territory thereof as may be specified in the Proclamation].
3 [Explanation--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 armed rebellion may be made
before the actual occurrence of war or of any such aggression or rebellion, if
the President is satisfied that there is imminent danger thereof.]
4 [(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 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 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.
(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 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
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.
(6) For the purpose of clause (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 (I) or a Proclamation varying such Proclamation,--
(a) to the Speaker, if the House is in session; or
(b) 10 the President, if the House is not in session,
a special sitting of the House shall be held within
fourteen days from the dale 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.]
5 [6 [(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 1
[armed rebellion] or imminent danger of war or external aggression or 1
[armed rebellion], whether or not there is a Proclamation already issued by the
President under clause (1) and such Proclamation is in operation.
7 [***]
1. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 37, for "internal disturbance" (w.e.f.
20-6-1979).
2. Inserted by the Constitution (Forty-second Amendment)
Act, 1976, section 48 (w.e.f. 3-1-1977).
3. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 37, for Explanation (w.e.f. 20-6-1979).
4.
Substituted by the Constitution
(Forty-fourth Amendment) Act, 1978, section 37, for clauses (2), (2A) and (3)
(w.e.f. 20-6- 1979).
5.
Inserted by the Constitution
(Thirty-eighth Amendment) Act, 1975, section 5 (retrospectively).
6. Clause (4) re-numbered as clause (9) by the
Constitution (Fourty-fourth Amendment) Act, 1978, section 37 (w.e.f.
20-6-1979).
7. Clause (5)
omitted by the Constitution (Fourty-fourth Amendment) Act, 1978, section 37
(w.e.f. 20-6-1979.)
Article 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;
1[Provided that where a Proclamation of
Emergency is in operation only in any part of the territory of India
(i) the executive power of me 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.]
1.
Inserted by the
Constitution (Forty-second Amendment) Act, 1976, section 49 (w.e.f. 3-1-1977).
Article
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.
Article
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 the
Government of every State is carried on in accordance with the provisions of
this Constitution.
Article 356 - Provisions in case of failure of constitutional machinery in State
(1) If the President, on receipt of report
from the Governor 1 [***] of the 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 2 [***]
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:
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 said 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 3 [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 4 [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 4 [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:
5 [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 6 [five
years].]
7 [(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
(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:]
8 [Provided that
nothing in the clause shall apply to the Proclamation issued under clause (1)
on the 11th day of May, 1987 with respect to the State of Punjab .]
1.
The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, section 29 and Schedule.
2.
The words "or Rajpramukh as the case may be " omitted by the
Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.
3.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 38,
for "one year from the date of the passing of the second of the
resolutions approving the Proclamation under clause (3)" (w.e.f.
20-6-1979). The words "one year" were Substituted for the original
words "six months" by the Constitution (Forty-second Amendment) Act,
1976, section 50 (w.e.f. 3-1-1977).
4.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 38,
for "one year (w.e.f. 20-6- 1979). The words "one year" were
Substituted for the original words "six months" by the Constitution
(Forty-second Amendment) Act, 1976, section 50 (w.e.f. 3-1-1977).
5.
Inserted by the Constitution (Sixth-fourth Amendment) Act, 1990, section 2.
6.
Successively Substituted by the Constitution (Sixty-seventh Amendment) Act,
1990, section 2 and the Constitution (Sixty-eight Amendment) Act, 1991, section
2 to read as above.
7.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 38
for clause (5) (w.e.f. 20-6-1979). Clause (5) was inserted by the Constitution
(Thirty-eighth Amendment) Act, 1975, section 6 (retrospectively).
8. Substituted by the
Constitution (Fifty-ninth Amendment) Act, 1988, section 2 and omitted by the
Constitution (Sixty-third Amendment) Act, 1989, section 2 (w.e.f. 6-1-1990) and
again inserted by the Constitution (Sixty-fourth Amendment) Act, 1990, section 2
(w.e.f. 16-4-1990).
Article
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.
1 [(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.]
1.
Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 51
for clause (2) (w.e.f. 3-1-1977).
Article
358 - Suspension of provisions of Article 19 during emergencies
1 [(1)] 2 [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:
3 [Provided that 4 [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.]
5 [(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.]
1. Article 358
re-numbered as clause (1) thereof by the Constitution (Forty-fourth Amendment)
Act, 1978, section 39 (w.e.f. 20-6-1979).
2.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 39,
for "while a Proclamation of Emergency is in operation" (w.e.f.
20-6-1979).
3.
Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 52
(w.e.f. 3-1-1977).
4.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 39,
for "where a Proclamation of Emergency" (w.e.f. 20-6-1979).
5. Inserted by the
Constitution (Forty-fourth Amendment) Act, 1978, section 39 (w.e.f. 20-6-1979).
Article 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 1 [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.
2 [(1A) While an order made under clause (1)
mentioning any of the 1 [rights conferred by Part III (except Articles
20 and 21)] 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
containing 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 things done or omitted to
be done before the law so ceases lo have effect.]
3 [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 the part of the territory of India in which the
Proclamation of Emergency is in operation.]
4 [(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
3 [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 part of the territory of India unless the
President, being satisfied that 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,
considers such extension to be necessary.]
(3) Every order made under clause (1) shall, as soon may be after it is
made, be laid before each House of Parliament.
1.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 40,
for "the rights conferred by Part III" (w.e.f. 20-6-1979).
2.
Inserted by the Constitution (Thirty-eighth Amendment) Act, 1975, section 7
(retrospectively).
3.
Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 53
(w.e.f. 3-1-1977).
4. Inserted by the
Constitution (Forty-fourth Amendment) Act, 1978, section 40 (w.e.f. 20-6-1979).
Article
359A - Application of this Part to the State of Punjab
1 [359A. Application of this Part to the State
of Punjab--
[Rep. by the
Constitution (Sixty-third Amendment) Act, 19S9, section 3 (w.e.f. 6-1-1990).]]
1. Inserted by the Constitution
(Fifty-ninth Amendment)Act,1988,s.3.it shall cease to operate on the expiry of
a period of two years form the commencement of this Act i.e., thirtieth day of
march,1988.
Article
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
1 [(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 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.
(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;
(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.
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