January 8, 1976. The aforesaid Articles of the Constitution are in these terms:
Article 352(1) If the President is satisfied that a grave emergency ... court for the enforcement of the rights conferred by Article 14 , Article 21 and Article 22 of the Constitution and all proceedings pending
January 8,
1976. The aforesaid Articles of the Constitution are in
these terms :--
" Article 352. (1) If the President is
satisfied that a grave ... appreciable difference between Articles 358 and 359(1) of
the Constitution. Whereas simultaneously with the declara-
tion of emergency under Article 352 , Article
Court for the enforcement of the rights conferred by Article 14 , Article 21 and Article 22 of the Constitution and all proceedings pending ... Article 21 and Article 22 shall remain suspended for the period during which the Proclamation of Emergency issued under Clause (1) of Article 352
India after the Chinese aggression in
1962, proclaimed emergency under Article 352 of the
Constitution. The Parliament passed the Emergency Risks
(Goods,) Insurance ... Article 19 is not available to the petitioner as
these Acts were passed during the proclamation of Emergency
under Article 352. The liability incurred being
India after the Chinese aggression in
1962, proclaimed emergency under Article 352 of the
Constitution. The Parliament passed the Emergency Risks
(Goods,) Insurance ... Article 19 is not available to the petitioner as
these Acts were passed during the proclamation of Emergency
under Article 352. The liability incurred being
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr on 24 April, 1973
Equivalent citations
rights under Constitution of India Article 22(5) -Rights
under Article 22(5) do not bar the enforcement of right
under
Reflection theory ... President, in exercise of his
powers conferred by Clause (2) of Article 352 of the
Constitution declared that a grave emergency exists
whereby the security
Emergency"
as the proclamation issued under clause (1) of article 352
of the Constitution on the 3rd day of December, 1971. The
President issued ... Proclamation of Emergency under article
352 of the Constitution on December 3, 1971.
Article 22(4)(a) of the Constitution says that no law
providing
court for the enforcement of the rights conferred by
-article 14, article 21 and article 22 of the Constitution
shall remain suspended for the period ... during which the
Proclamation of Emergency issued under clause (1) of article
352 thereof on the 26th October, 1962, is in force, if such
person
after the Chinese aggression in October, 1962, proclaimed an Emergency under Article 352 of the Constitution on 26-10-1962. The proclamation was revoked ... were passed during the currency of the proclamation of emergency under Article 352. No doubt, when the proclamation of emergency was revoked
