Article 359(1-A) is
broadly in the same terms as Article 358. Article 358 says
that while a proclamation of emergency under Article 352 ... provisions in Article 19. This
subordination of Article 19 , however, is only for the period
the proclamation of emergency under Article 352 is in
operation
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
Article 22 of the Constitution because this Article does not give any such power to him. By issuing a Proclamation under Article 352 , the President ... necessity be taken under the same Article even if a Porclamation of Emergency under Article 352(1) is in valid operation. In my considered opinion
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
lockdown;
(iii) Though both Section 5 and the provisions of Article 352 of the
Constitution (prior to its amendment in 1978) contain a reference ... Section 5 of the
Factories Act are similar to those which Article 352 of the Constitution embodied,
prior to its amendment by the Constitution (Forty
others (i) Article 123(2)(a) -Disapproval of
an ordinance; (ii) Article 169-Abolition or creation of a
Legislative Council; (iii) Article ... President or the
Governor under the proviso to Article 320(3); (ix) original
Article 352(2)(c) and the present Article 352(4) -Approval
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
Thirty-eighth Amendment) Act, 1975 . Amongst the Articles of the Constitution amended by this Act were Articles 352 and 359.
6. By Notification ... such of Clauses (2) to (6) of Article 19 ns may be applicable. Articles 352 , 358 and 359 are to be found in Part XVIII
others (i) Article 123(2)(a) Disapproval of an ordinance; (ii) Article 169 Abolition or creation of a Legislative Council; (iii) Article ... President or the Governor under the proviso to Article 320(3); (ix) original Article 352(2)(c) and the present Article 352(4) Approval
