Union Of India (Uoi) Represented By The ... vs India Cements Ltd. And Ors. on 23
applicable . According to the learned counsel as Article 360 appears on the statute book after Article 358 it is not applicable to a legislation which ... behind the proclamation. Only because Article 360 appears in the Statute book after Article 358 , are not applicable to a legislation providing for the mode
State Of Bihar & Ors vs Project Uchcha Vidya, Sikshak Sangh & ... on 3 January
passed during the emergency. Hence, it was submitted that Article 358 of the Constitution is an absolute bar against giving effect to any right arising ... saved by Article 19(6) of the Constitution. It is also struck by Article 14. If the fundamental rights guaranteed by Articles
equivalent examination passed from
educational institution recognized by the Government.
10. Article 358 of the Bihar Education Code enumerates the different
examination conducted by different ... clarify this aspect of the matter, it is necessary to quote Article 358 of the
Bihar Education Code in-extenso:-
358. Recognition of certificates from
Asha Ranjan vs State Of Bihar And Ors on 15 February, 2017
Equivalent citations: AIR
interfered with his fundamental right of movement under Article 19(1)(d). Article 358 runs thus:
"While a Proclamation of Emergency is in operation ... immune from any attack founded on Article 19 in view of the provisions of Article 358. What he urged was that though
equivalent examination passed from
educational institution recognized by the Government.
10. Article 358 of the Bihar Education Code enumerates the different
examination conducted by different ... clarify this aspect of the matter, it is necessary to quote Article 358 of the
Bihar Education Code in-extenso:-
358. Recognition of certificates from
public purpose falling under Article 31 (1). Lastly, the petitioner contended that on a proper construction of Article 358 , the Emergency Proclamation issued ... Ordinance are violative of Articles 14 and 19 of the Constitution. (11) The Emergency Proclamation ( Article 358 ) cannot be invoked and the period of emergency
powers under Article 352 of the Constitution is still in force and in view of the provisions of Article 358 of the Constitution, laws made ... that they are contrary to Article 19 of the Constitution. Reliance has been placed on some decisions.
Article 358 provides:--
"While a Proclamation