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 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 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.]
[1][[2][(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 [3][armed rebellion] or imminent danger of war or external aggression or [3][armed rebellion], whether or not there is a Proclamation already issued by the President under clause (1) and such Proclamation is in operation.
[4]*****]
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:
[5][Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—
- ↑ Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (retrospectively).
- ↑ Cl. (4) re-numbered as cl. (9) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).
- ↑ 3.0 3.1 Subs. by ibid., for “internal disturbances”.
- ↑ Cl. (5) omitted by ibid.
- ↑ Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 49 (w.e.f. 3-1-1977).
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