Article 359 of the Constitution of India

operation, the President may by order declare that theright to move any court for the enforcement of such of 1[the rights conferred by Part III (except articles 20 and 21)] as may be mentioned in the order and all proceedingspending in any court for the enforcement of the rights somentioned shall remain suspended for the period duringwhich the Proclamation is in force or for such shorterperiod as may be specified in the order. 2[(1A) While an order made under clause (1) mentioning any of 1[the rights conferred by Part III (except articles 20 and 21)] is in operation, nothing inthat Part conferring those rights shall restrict the powerof the State as defined in the said Part to make any lawor to take any executive action which the State wouldbut for the provisions contained in that Part be competentto make or to take, but any law so made shall, to theextent of the incompetency, cease to have effect as soonas the order aforesaid ceases to operate, except as respectsthings done or omitted to be done before the law soceases to have effect:] 3[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 actionmay be taken, under this article in relation to or in anyState or Union territory in which or in any part of whichthe Proclamation of Emergency is not in operation, ifand in so far as the security of India or any part of theterritory thereof is threatened by activities in or inrelation to the part of the territory of India in which theProclamation of Emergency is in operation.] 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40, for “the rights conferred by Part III” (w.e.f. 20-6-1979). 2Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (retrospectively). 3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XVIII. —Emergency Provisions.—Arts. 358-359.)227 1[(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 theProclamation of Emergency in operation when it ismade; 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: 2[Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, anysuch order shall not extend to any other part of the territoryof India unless the President, being satisfied that thesecurity of India or any part of the territory thereof isthreatened by activities in or in relation to the part of theterritory of India in which the Proclamation of Emergencyis in operation, considers such extension to be necessary.] (3) Every order made under clause (1) shall, as soon as may be after it is made, be laid before each House ofParliament. 3359A. [Application of this Part to the State of Punjab. ] Rep. by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).