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[Cites 0, Cited by 5] [Article 359] [Constitution]

Constitution Subarticle

Article 359(3) in Constitution of India

(3)Every order made under clause (1) shall, as soon may be after it is made, be laid before each House of Parliament.[Editorial comment-The Constitution (Thirty-Eighth Amendment) Act, 1975, Amendment of article 359 of the constitution by inserting therein a new clause. it states that while an order issued by the President under clause (1) suspends enforcement of any of the rights conferred by Part III of the Constitution during emergencies, nothing in that Part shall limit the State’s power to make any law or take any executive action that the State would be competent to make or take but for the provisions contained in Part III. It also states that any legislation thus enacted must, to the degree of incompetence, cease to have force as soon as the Presidential order ceases to function, save in respect of actions done or omitted to be done before the law so ceases to have an effect.Also Refer][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII.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, artyicle 359 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]