that the President having declared by Proclamation under Clause (1) of Article 352 of the Constitution that a grave emergency exists whereby the security ... come within the provisions of Article 228 of the Constitution. Lastly, Mr. Dutt argued that the provisions of Article 352 for the proclamation of emergency
India on December 3, 1971 made a proclamation of Emergency under Article 352(1) of the Constitution. The said proclamation of emergency is in force ... Articles 14 , 21 and 22 of the Constitution, it is now well settled that during the continuance of the proclamation of emergency under Article 352
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 ... during which the Proclamation of Emergency issued under Clause (1) of Article 352 of the Constitution on the 3rd December, 1971, is in force, whichever
rights guaranteed by Article 19(1) (f) and (g) of the Constitution and 'that the law is saved by Article ... rights guaranteed by Article 19 , no question of slaying the proceedings in view of the Proclamation of Emergency under Article 352 of the Constitution
view of the decision in Emperor v. Benowarilal Sarma .
5. Article 352 of the Constitution empowers the President if he is satisfied that a grave ... issue of the Proclamation of emergency in 1962. Under Article 353 while a proclamation of emergency is in operation the power of Parliament to make
Halsbury's Laws of England, Third Edition, Volume 1, Article 352 , pages 14/-48 accurately summarises the law on the point
Section 269-R are ultra vires Article 19(1)(f). Article 14 and Article 31 of the Constitution. A Rule nisi was issued by this ... court for the enforcement of the rights conferred by Article 14 , Article 21 and Article 22 of the Constitution and all proceedings pending
above propositions.
12. The Emergency declared on December 3, 1971 under Article 351(1) of the Constitution on threat of India's security ... twelve months). On June 26, 1975 by proclamation made under Article 352(1) of the Constitution, emergency was declared as the security of India
Court for the enforcement of the rights conferred under Article 14 , Article 21 and Article 22 and secondly, all proceedings pending in any Court ... court for the enforcement of the rights conferred by Article 14 , Article 21 and Article 22 of the Constitution and all proceedings pending
exercise of the powers conferred on him by clause (1) of Article 352 of the Constitution of India, The Parliament not being in session
