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(3) A Proclamation of Emergency declaring that the security of India or of any part of the territory thereof is threatened by war or by external aggression or by internal disturbance may be made before the actual occurrence of war or of any such aggression or disturbance if the President is satisfied that there is imminent danger thereof."

Clause (1) of Article 352 of the Constitution provided that if the President was satisfied that a grave emergency existed whereby the security of India or of any part of the territory thereof was threatened whether by war or external aggression or internal disturbance, he might by Proclamation make a declaration to that effect. The Proclamation issued under clause (1) of Article 352 of the Constitution could be revoked by a subsequent Proclamation. It was required to be laid before each House of Parliament and that the Proclamation would cease to operate at the expiration of two months unless before the expiration of that period it was approved by resolutions of both Houses of Parliament.

"I beg to move:

"That the House approves the Proclamation of Emergency issued under Article 352 of the Constitution by the President on the 3rd December, 1971. "

MR SPEAKER: Resolution moved:

"That the House approves the Proclamation of Emergency issued under Article 352 of the Constitution by the President on the 3rd December, 1971." (See Lok Sabha Debates dated December 4, 1971 Column 4).

After some discussion in the House the resolution was carried unanimously and it was adopted. (See Lok Sabha Debates dated December 4, 1971 column 37). Similarly a resolution was adopted by the Rajya Sabha approving the said Proclamation of Emergency. (See Rajya Sabha Debates dated December 4, 1971 column 46). The said resolutions of the Houses of Parliament were no doubt not published in the official Gazette. The above Proclamation of Emergency was revoked by the Vice-President acting as President on the 27th March, 1977 by a Proclamation which read thus:

Article 352 of the Constitution does not prescribe that a Proclamation of Emergency should be published in the official Gazette. The "Proclamation of Emergency" is defined in Article 366(18) thus:

"366. (18) "Proclamation of emergency" means a Proclamation issued under clause (1) of Article

352."

Article 366(19) of the Constitution defines a "public notification" thus: B "366.(19) "public notification" means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State." Wherever the Constitution expressly requires a certain notification should be published in the official Gazette it has stated that the said notification shall be published in the form of a public notification. By way of an illustration, reference may be made to Article 364(1) of the Constitution which reads thus:

tion is necessary then such mode must be followed but if there is no mode of publication prescribed by the Constitution then it must be considered that the Constitution has left the method of publication to the authority issuing the proclamation in order to make it known to the members of the public. In the instant case the Proclamations of Emergency have been published in the official Gazette. The petitioner contended that even though it was not expressly provided that the resolutions passed by both the Houses of Parliament should be published in the official Gazette they should have been published for the very same reason which compelled the Government to publish the Proclamations in the official Gazette. In the Constitution and in the Rules of Procedure of the Houses of Parliament and of the Stale Legislatures there are several provisions which provide for resolutions being passed by the Houses of Parliament or the Houses of State Legislatures. They are among others (i) Article 123(2)(a)-Disapproval of an ordinance; (ii) Article 169-Abolition or creation of a Legislative Council; (iii) Article 213(2)(a)-Disapproval of an ordinance; (iv) Article 249-Resolution of the Council of States empowering Parliament to legislate with respect to any matter in a State List in national interest; (v) Article 252-Resolutions of the House or Houses of State Legislatures of two or more States to enable Parliament to legislate on a State subject or adoption of a law made under Article 252 by a State Legislature which had not requested Parliament to make it before it was passed by the Parliament; (vi) Article 312-Resolution passed by the Council of States creating a new All-India Service; (vii) Article 315(2)-Resolutions of House or Houses of State Legislature of two or more States to enable Parliament to provide a common Public Service Commission to such States; (viii) Article 320(5)-Amendment or repeal of Regulations made by the President or the Governor under the proviso to Article 320(3); (ix) original Article 352(2)(c) and the present Article 352(4)-Approval of Proclamations of Emergency by the Houses of Parliament; (x) Article 356(3)-Approval of Proclamation made under Article 356(1). (xi) Article 360(2)-Approval of the Proclamation of financial emergency by the Houses of Parliament; (xii) Proviso to Article 368-Resolutions to be passed by the State Legislatures approving the constitutional amendments approved by Parliament; (xiii) Article 371A(1)(a)-Power of Nagaland Legislative Assembly to adopt an Act of Parliament in respect of certain matters; (xiv) Articles 61, 67(b), 90, 94, 101(4), 124(4), 148(1), 190(4) and 217(1)(b)-relate to removal of high constitutional dignitaries from office; (xv) Article 3-State Legislature expressing its views on the alteration of its boundaries of the State concerned; (xvi) Rule No. 234 to 239 of the Lok Sabha Rules of A Procedure and Conduct of Business-relating to modification of subordinate Legislation and (xvii) Privilege Motions before the Houses of Parliament and the State Legislatures relating to punishment for contempt or removal from membership on account of highly unbecoming conduct of members. In all these cases any resolution passed by the concerned legislative body has far-reaching consequences. They are not required to be published on the Official Gazette, even though in some cases they are published, say, where a Central law is adopted under Article 252 or a member is removed on the ground of privilege etc.. They would not be treated as ineffective merely because they are not published in the official Gazette. They are all however published in the Reports of the Houses of Parliament and of the Houses of the State Legislature within a reasonable time.