Constitution of India · Section Article 353
Effect of Proclamation of Emergency
Article 353 — Effect of Proclamation of Emergency
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:
Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—
- (i) the executive power of the Union to give directions under
clause (a), and
- (ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is 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.]
Plain English Summary
When a National Emergency is declared, the central government gains extra power to direct how state governments should operate. Additionally, Parliament can make laws for any subject, even those not specifically listed in the Union List, to manage the situation. This expanded power applies across India if security threats exist in any part of the country.
Key Points
- The Union executive can give directions to states on how they exercise their executive power during an emergency.
- Parliament gains the power to make laws concerning any matter, even those not explicitly listed in the Union List.
- This expanded power applies to other states if security is threatened in the area where the emergency is declared.
Why It Matters
This article allows the central government to quickly take decisive action across the entire country to ensure national security during a crisis.
Landmark Judgements
No major landmark judgements.