Article 353, 354 of Constitution of India 1949

What is the Effect of Proclamation of Emergency? What is Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation? Article 353 and 354 of Constitution of India, 1949

Effect of Proclamation of Emergency and Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation are defined under Article 353 and 354 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 353 of Constitution of India "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 t 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.

 

Article 354 of Constitution of India "Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation"

(l) 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 specific in the order, have effect subject to such exceptions or modifications as he thinks fit.

(2) Every order made under clause (l) shall, as soon as may be after it is made, be laid before each House of Parliament.