Constitution 353 — Effect of Proclamation of Emergency

The Constitution of India, 1950

Statutory text

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 activities in
or in relation to the part of the territory of India in which the Proclamation of
Emergency is in operation.

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