Proclamation of Emergency
(1) If the President is satisfied that a grave emergency exits whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression he may, by Proclamation, make a declaration to that effect [ in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation].
(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 such 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 resolution of both House of Parliament.
(5)A Proclamation so approved shall,unless revoked ,cease to operate on the expiration of a period of six month from the date of the passing of the second of the resolution approving the Proclamation under clause (4):
(6) For the purposes 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 clause,the President shall revoke a Proclamation if the House of the People passes a resolution disapproving,of ,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 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.
(9) The power conferred on the President by this article shall include the power to issue different Proclamation on different grounds, being war or external aggression or imminent danger of war or external aggression or,whether or not there is a Proclamation is in operation.
(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 such 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 resolution of both House of Parliament.
(5)A Proclamation so approved shall,unless revoked ,cease to operate on the expiration of a period of six month from the date of the passing of the second of the resolution approving the Proclamation under clause (4):
(6) For the purposes 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 clause,the President shall revoke a Proclamation if the House of the People passes a resolution disapproving,of ,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 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.
(9) The power conferred on the President by this article shall include the power to issue different Proclamation on different grounds, being war or external aggression or imminent danger of war or external aggression or,whether or not there is a Proclamation is in operation.
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 extent 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 power and the imposition of duties, upon the Union kr officers and authorities of the Union as respect 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,---- (a) the executive power of the Union to give direction under clause(a).
(b) 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.
(a) Notwithstanding anything in this Constitution, the executive power of the Union shall extent 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 power and the imposition of duties, upon the Union kr officers and authorities of the Union as respect 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,---- (a) the executive power of the Union to give direction under clause(a).
(b) 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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