article 358
Suspension of provisions of article 19 during emergencies.2[(1)] 3[While a Proclamation of Emergency declaring that the
The Constitution of IndiaPart XVIII EMERGENCY PROVISIONS
4[Provided that 5[where such Proclamation of Emergency] is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not 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.]
6[(2) Nothing in clause (1) shall apply—
1 Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 51 (w.e.f. 3-1-1977).
3 Subs. by s. 39, ibid, for "While a Proclamation of Emergency is in operation" (w.e.f. 20-6-1979).
5 Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for "where a Proclamation of Emergency" (w.e.f. 20-6-1979).
6 Ins. by s. 39, ibid. (w.e.f. 20-6-1979).
2. Art. 358 re-numbered as cl. (1) by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39 (w.e.f. 20-6-1979). 4. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 52 (w.e.f. 3-1-1977).
- (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.]
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