Page:The Constitution of India 1949 (Gazette Notification Version).djvu/172

 2518 THE GAZETTE OF INDIA EXTRAORDINARY, NOV. 26, 1949 172 THE CONSTITUTION OF INDIA

Part XVIII. — Emergency Provisions. — Arts. 353-356.

353. 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.

354. (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.

355. It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

356. (1) If the President, on receipt of a report from the Governor or Rajpramukh of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried

Effect of Proclamation of Emergency.

Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.

Duty of the Union to protect States against external aggression and internal disturbance.

Provisions in case of failure of constitutional machinery in States.