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ARTICLE 359 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

Suspension of the enforcement of the rights conferred by Part III during emergencies is defined under Article 359 of Constitution of India 1949. Provisions under this Article is:

Article 359 of Constitution of India "Suspension of the enforcement of the rights conferred by Part III during emergencies"

(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except Article 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

 

(1A) While an order made under clause (1) mentioning any of the rights conferred by Part III (except Article 20 and 21) is in operation, nothing in that Part conferring those rights shall restrict the power of the State as defined in the said Part to make any law or to take any executive action which the State would but for the provisions containing 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 order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.

Provided that where a 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.

(1B) Nothing in clause (1A) 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.

(2) An order made as aforesaid may extend to the whole or any part of the territory of India:

Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that 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, considers such extension to be necessary.

(3) Every order made under clause (1) shall, as soon may be after it is made, be laid before each House of Parliament.

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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