Article 353 In English | Article 353 Of Indian Constitution In English | What Is Article 353

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Article 353 Of Indian Constitution In English

Article 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 t 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.

Indian Constitution part 18 articles

Article 353 In English

353 Article – Effect of declaration of emergency.
When the proclamation of emergency is going on,
(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to direct any State in the manner in which the executive power is to be exercised;
(b) the power of Parliament to make laws with respect to any matter in relation to any matter in the Union or the Union as to the officers and authorities of the Union The power to create would be involved. respects that case, even if t is one that is not included 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 extend to any State other than the State in which, or in any part thereof, a declaration of emergency is in force, if and in so far as security is concerned in India or any part of its territory is threatened by activities in or in relation to the territory of India in which a proclamation of emergency is in force.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 353 Of Indian Constitution?

Article 353 Debate Summary

Draft Article 276 (Article 353 of the Constitution of India) was debated on 3 August 1949. The draft Article 276 empowered the executive of the Union during emergencies to direct the executive powers of any state government. In addition, it gave the Parliament the power to make laws to extend the executive powers of the central government.

The Chairman of the Drafting Committee introduced an amendment to clarify that the power of Parliament to make laws to extend the powers of the Union Executive is not limited to the Union List subjects of the Constitution. One member felt that this amendment was redundant as the draft article was opened saying that it would not be hampered by any other provision of the Constitution. However, the assembly accepted this amendment without any debate.

The chairman of the drafting committee proposed another minor amendment that did not change the essence of the draft article. The assembly also accepted this amendment. The draft Article 276 was adopted with amendments on 3 August 1949.

In 1976, Article 353 was amended to extend the powers of the Union Parliament and the Executive to any State to exercise its powers under this provision, even if the declaration of emergency is only related to a particular State or territory. Are.

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