function arbitrarily under this
Article. Some limitations are implicit in the article
and others may be evolved to direct the article
through defined channels. This ... controversy was relating to Government right to
exercise power under Article 352 of the Constitution of India but the
Supreme Court had given emphasis
suspension of Article 19- It is clear from the provisions of Article 358 that the Proclamation of Emergency under Article 352 removes the fetters created ... 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
purposes of computation of pension because of provisions contained under Article 352 of the Civil Services Regulations because the service was not the regular service ... decided the representation as directed by this Court in accordance with Article 352 of the Civil Services Regulations. The petitioner was never in counted regular
Ram Nandan vs State on 16 May, 1958
Equivalent citations: AIR1959ALL101, 1959CRILJ1
JUDGMENT
M.C
Supreme Court by Article 32 (vide Clause 4 of the Article) except after an emergency has been proclaimed under Article 352 (vide Article
President under Article 359 of the Constitution of India. He says that by virtue of the proclamation of emergency under Article 352
Chinese military forces, the President of India issued a proclamation under Article 352(1) of the Constitution, declaring that a grave emergency existed threatening ... India. The proclamation of emergency continued in force until revoked under Article 352(2) of the Constitution, by a subsequent proclamation issued on January
contention that the emergency contemplated is the emergency referred to in Article 352 of the Constitution. There is not only one kind of emergency ... provisions of Section 144 were impugned as infringing the provisions of Article 19(1) and therefore void under Article 13 of the Constitution. Both
Mulla"s Principles of Mahomedan Law, Sixteenth Edition, Article 352 ).
9. Ameer Ali in his Mahomedan Law, Volume II, Fourth Edition, quotes Tanwir
rights conferred by Article 14 , Article 21 , and Clause (4), Clause (5) read with Clause (6) and Clause (7) of Article 22 of the Constitution ... rights conferred by Article 14, Article 21 and Clause (4), Clause (5) read with Clause (6) and Clause (7) of Article 22 of the Constitution
