## CONSTITUTION 353

### CONSTITUTION 353 — Effect of Proclamation of Emergency
- https://unisonlegal.in/statutes/constitution/353

> 353. Effect of Proclamation of Emergency.-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:

1. Cls. (4) and (5) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (with
retrospective effect) and subsequently cl. (4) renumbered as cl. (9) and cl. (5) omitted by
the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979).
2. Subs. by s. 37, ibid. for "internal disturbance" (w.e.f. 20-6-1979).
IndiaCode
1[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.]