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ARTICLE 357, 358 OF CONSTITUTION OF INDIA 1949

What is Exercise of legislative powers under Proclamation issued under Article 356? What is Suspension of provisions of Article 19 during emergencies? Article 357 and 358 of Constitution of India, 1949

Exercise of legislative powers under Proclamation issued under Article 356 and Suspension of provisions of Article 19 during emergencies are defined under Article 357 and 358 of Constitution of India 1949. Provisions under these Articles are:

Article 357 of Constitution of India "Exercise of legislative powers under Proclamation issued under Article 356"

(1) Whereby a Proclamation issued under clause (1) of Article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent-

(a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;

 

(b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), 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 thereof;

(c) for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.

(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under Article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.

Article 358 of Constitution of India "Suspension of provisions of Article 19 during emergencies"

(1) While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in Article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the in competency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:

Provided that 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.

(2) Nothing in clause (1) shall apply-(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.

Constitution of India 1949

What is the Official language of the Union? What is the Commission and Committee of Parliament on official language? Article 343 and 344 of Constitution of India, 1949

What is Official language or languages of a State? What is Official language for communication between one State and another or between a State and the Union? What is Special provision relating to language spoken by a section of the population of a State? Article 345, 346 and 347 of Constitution of India, 1949

What is the Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc? What is the Special procedure for enactment of certain laws relating to language? Article 348 and 349 of Constitution of India, 1949

What is the Language to be used in representations for redress of grievances? What are the Facilities for instruction in mother-tongue at primary stage? Article 350 and 350A of Constitution of India, 1949

Who is the Special Officer for linguistic minorities? What are Directive for development of the Hindi language? Article 350B and 351 of Constitution of India, 1949

What is Proclamation of Emergency and Emergency Provisions? Article 352 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

What is the meaning Duty of the Union to protect States against external aggression and internal disturbance? What are the Provisions in case of failure of constitutional machinery in State? Article 355 and 356 of Constitution of India, 1949

What is Exercise of legislative powers under Proclamation issued under Article 356? What is Suspension of provisions of Article 19 during emergencies? Article 357 and 358 of Constitution of India, 1949

What is Suspension of the enforcement of the rights conferred by Part III during emergencies? Article 359 of Constitution of India, 1949

What are the Provisions as to financial emergency? Article 360 of Constitution of India, 1949


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