THE DRAFT CONSTITUTION 233
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 265
PART XI
Emergency Provisions
Proclamation of Emergency.
Effect of Proclamation of Emergency.
- (1) If the President is satisfied that a grave emergency exists whereby the security of India is threatened, whether by war or domestic violence, he may by proclamation, make a declaration to that effect.
(2) A proclamation issued under clause (1) of this article (in this Constitution referred to as “a Proclamation of Emergency”)—
(a) may be revoked by a subsequent proclamation; (b) shall be laid before each House of Parliament; (c) shall cease to operate at the expiration of six months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.
(3) A Proclamation of Emergency declaring that the security of India is threatened by war or by domestic violence may be made before the actual occurrence of war or of any such violence if the President is satisfied that there is imminent danger thereof.
- Where a Proclamation of Emergency is in operation, then, notwithstanding anything contained in this Constitution—
(a) 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;
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(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 Government of India or officers and authorities of the Government of India as respects that matter.
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