exercise of its legislative power under Articles 246 and
248.
Prior to the amendment of Article 352 by the Forty-
fourth Amendment of the Constitution ... except Articles 20 and 21 ) can
be suspended by the President [ Article 359]. The
consequences of a proclamation of emergency under Article
352 are thus
forces
should only be in aid of the civil power.
83. Article 352 of the Constitution finds place in Part XVIII of the
Constitution relating ... Article 356 of the Constitution while the latter comes within the
purview only of Article 356 of the Constitution and not Article 352
forces should only be in aid of the civil power.
83. Article 352 of the Constitution finds place in Part XVIII of the Constitution
relating ... armed rebellion’ by the words ‘internal disturbance’ in
clause (1) of Article 352 of the Constitution.19
84. The impact of the above substitution
exercise of its legislative power under Articles 246 and 248.
35. Prior to the amendment of Article 352 by the Forty-fourth Amendment ... except Articles 20 and 21 ) can be suspended by the President [ Article 359]. The consequences of a proclamation of emergency under Article 352 are thus
external aggression, the basis of the proclamation of the President under Article 352 of the Constitution and that further at the time of his apprehension ... India, President made a Proclamation on 26th October, 1962, under Article 352 of the Constitution The Proclamation declared the existence of a graye emergency whereby
dealing effectively with the Emergency declared under Clause (1) of Article 352 of the Constitution on the 25th June, 1975, the Governor of Bihar hereby ... Articles 14 , 21 and 22 of the Constitution shall remain suspended for the period during which the proclamations of emergency made under Article 352
V. C. Shukla vs State Through C.B.I on 7 December, 1979
Equivalent citations
Article 298.
The above Articles 277 , 282 , 285 , 286 and 289 fall under Part XII, Chapter
I and Article 298 under Chapter III.
Articles ... reference to Trade, Commerce and
intercourse within the territory of India.
Articles 352 and 353 of the Constitution falling under Part XVIII of the
Constitution
examine as
to whether in event of proclamation of Emergency
under Article 352 of the Constitution, whether
right to liberty as enshrined under Article ... dissenting) had taken the view that after
proclamation of Emergency under Article 352 , no
proceedings can be initiated for enforcement of
right under Article
V. C. Shukla vs State (Delhi Administration) on 11 April, 1980
Equivalent citations: 1980 AIR
