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Home Bare Acts Phrase: proclamation of emergencyConstitution of India Article 352
Title : Proclamation of Emergency
State : Central
Year : 1950
.....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. )
View Complete Act List Judgments citing this sectionConstitution of India Article 353
Title : Effect of Proclamation of Emergency
State : Central
Year : 1950
.....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).
View Complete Act List Judgments citing this sectionConstitution of India Article 250
Title : Power of Parliament to Legislate with Respect to Any Matter in the State Listif a Proclamation of Emergency is in Operation
State : Central
Year : 1950
(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have, power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
View Complete Act List Judgments citing this sectionConstitution of India Article 354
Title : Application of Provisions Relating to Distribution of Revenues While a Proclamation of Emergency is in Operation
State : Central
Year : 1950
(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.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 126A
Title : Where a Proclamation of Emergency is in Operation Wherebythe Governor-general Has Declared That the Security of India is Threatenedby War
State : Central
Year : 1935
.....confers powers or imposes duties, or authorises the conferring of powersor he imposition of duties, upon the 1c[Federation] or upon officers orauthorities of the 1c[Federation] in relation to such a matter as aforesaidshall be introduced or moved without the previous sanction of the Governor-General in his discretion, and the Governor-General shall not give his sanctionunless it appears to him that the provision proposed to be made is a properprovision in view of the nature of the emergency]. _________________________ 1. Inserted by the Government of India (Amendment) Act, 1939, (2 & 3 Geo. VI, C. 66), Section 1 [with effect from 1-4-1937]. 2. Substituted, by the India (Provisional Constitution) Order, 1947, for the words 'Dominion'.
View Complete Act List Judgments citing this sectionConstitution of India Part 18
Title : Emergency Provisions
State : Central
Year : 1950
.....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. 2 [***] ________________________ 1. Substituted by the Constitution (Forty-fourth Amendment) Act 1978, section 41, for clause (2) (w.e.f. 20-6-1979). 2. Clause (5) was inserted by the Constitution (Thirty-eight Amendment) Act, 1975, section 8 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, section 41 (w.e.f. 20-6-1979).
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 102
Title : Power of Federal Legislature to Legislate if an Emergency is Proclaimed
State : Central
Year : 1935
.....that Legislature would not, but for the issue of such aProclamation, have been competent to make, shall not cease to have effectas required by sub-section (4) of section one hundred and two of the Govern-ment of India Act, 1935, except to the extent to which the said Legislaturewould not, but for the issue of that Proclamation, have been competent tomake it, and accordingly, in the said sub-section (4) for the words "shallcease to have effect" there shall be substituted the words "shall, to the extentof the incompetency, cease to have effect." 4. Inserted by the Government of India (Amendment) Act, 1939 (2&3 Geo. 6,Ch. 66), s. 1, (effective form 1-4-1937) See s. 2(2), by which these words are substituted, runs as follows:-- "A law made by the Indian Legislature whether before or after the passing of'this Act, during the continuance in force of the proclamation of Emergencybeing a law which that Legislature would not, but for the issue of such aProclamation, have been competent to make, shall not cease to have effectas required by sub-section (4) of section one hundred and two of the Govern-ment of India Act, 1935, except to the extent to which the said Legislaturewould.....
View Complete Act List Judgments citing this sectionConstitution of India Article 358
Title : Suspension of Provisions of Article 19 During Emergencies
State : Central
Year : 1950
.....(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).
View Complete Act List Judgments citing this sectionConstitution of India Article 359
Title : Suspension of the Enforcement of the Rights Conferred by Part Iii During Emergencies
State : Central
Year : 1950
.....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).
View Complete Act List Judgments citing this sectionConservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 12A
Title : Special Provisions for Dealing with Emergency
State : Central
Year : 1974
.....to be against the public interest to do otherwise, act on the basis of the information and materials in its or his possession without disclosing the facts or giving an opportunity of making a representation to the person concerned. (5) It shall not be necessary to disclose to any person detained under a detention order to which the provisions of sub-section (2) apply, the grounds on which the order has been made during the period the declaration made in respect of such person under that sub section is in force, and, accordingly, such period shall not be taken into account for the purposes of sub-section (3) of section 3. (6) In the case of every person detained under a detention order to which the provisions of sub-section (2) apply, being a person in respect of whom a declaration has been made thereunder, the period during which such declaration is in force shall not be taken into account for the purpose of computing.-- (i) The periods specified in clause (b) and (c) of section 8; (ii) The periods of 'one year' and "five weeks" specified in sub section (1), the period of "one year" specified in sub section (2)(i), and the period of "six months" specified in sub section.....
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