THE DRAFT CONSTITUTION 235
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 267
(b) except where it is a proclamation revoking a previous proclamation, shall cease to operate at the expiration of six months:
Provided that, if and so often as a resolution approving the continuance in force of such a procla- 5 mation is passed by both Houses of Parliament, the proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation shall in 10 any case remain in force for more than three years.
(4) Where by a proclamation issued under clause
(1) of this article it has been declared that the powers of the Legislature of the State shall be exercisable only by Parliament, it shall be competent— 15
(a) for Parliament to make laws conferring powers and imposing duties, or authoris- ing the conferring of powers and the imposition of duties, upon the Govern- ment of India or officers and authorities 20 of the Government of India;
(b) for the President to promulgate Ordinances under article 102 of this Constitution except when both Houses of Parliament are in session. 25
(5) Any law made by Parliament which Parlia- ment would not but for the issue of a proclamation under this article have been competent to make shall to the extent of the incompetency cease to have effect on the expiration of a period of one year after the proclamation has ceased to operate, except as res- 30 pects things done or omitted to be done before the expiration of the said period unless the provisions which shall so cease to have effect are sooner repealed or re-enacted with or without modification by Act of the Legislature of the State. 35
Suspension 279. While a Proclamation of Emergency is in of provisions operation, nothing in article 13 of Part III of this during Constitution shall restrict the power of the State as emergencies, defined in that Part to make any law or to take any executive action which the State would otherwise be 40 competent to make or to take.