(2)Nothing in clause (1) 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than under a law containing such a recital.[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer][Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, Articles 358 were amended, to allow suspension of Fundamental Rights, and suspension of enforcement of any of the rights conferred by the Constitution during an Emergency.Also Refer]
