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The Constitution of India in English 2026: page 246

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 246, typed edition 223d395df4de00897c78a4c0a752b32348d86f7c4f7013254fd4e03da46ceca0. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:32:36Z. SHA-256 ed1820c0a1100c2c6aa8ece835a8c8a60f996ae7eba30cc1798233683c66cfba.

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Source cover/preface date: 10th September, 2026. Preface amendment statement: Constitution (One Hundred and Sixth Amendment) Act, 2023. Embedded PDF title: Constitution of India_ 20 MAY 2026 (final).pdf. These are distinct source labels, not currentness or commencement approval.

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215                     THE CONSTITUTION OF INDIA
                         (Part XVIII.—EMERGENCY PROVISIONS)

       1
         [(2) Any law made in exercise of the power of the Legislature of the
State by Parliament or the President or other authority referred to in
sub-clause (a) of clause (1) which Parliament or the President or such other
authority would not, but for the issue of a Proclamation under article 356, have
been competent to make shall, after the Proclamation has ceased to operate,
continue in force until altered or repealed or amended by a competent
Legislature or other authority.]
        358. Suspension of provisions of article 19 during emergencies.—
2      3
  [(1)] [While a Proclamation of Emergency declaring that the security of India
or any part of the territory thereof is threatened by war or by external
aggression is in operation], nothing in article 19 shall restrict the power of the
                                                          e
State as defined in Part III to make any law or to take any executive action
                                                     od
which the State would but for the provisions contained in that Part be
                                               aC
competent to make or to take, but any law so made shall, to the extent of the
incompetency, cease to have effect as soon as the Proclamation ceases to
                                           di
operate, except as respects things done or omitted to be done before the law so
ceases to have effect:                  In
       4
        [Provided that 5[where such Proclamation of Emergency] is in operation
only in any part of the territory of India, any such law may be made, or any
such executive action may be taken, under this article in relation to or in any
State or Union territory in which or in any part of which the Proclamation of
Emergency is not in operation, if and in so far as the security of India or any
part of the territory thereof is threatened by activities in or in relation to the part
of the territory of India in which the Proclamation of Emergency is in
operation.]
       6
           [(2) Nothing in clause (1) shall apply—


1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 51 (w.e.f. 3-1-1977).
2. Art. 358 re-numbered as cl. (1)          by the Constitution (Forty-fourth Amendment)
   Act, 1978, s. 39 (w.e.f. 20-6-1979).
3. Subs. by s. 39, ibid, for "While a Proclamation of Emergency is in operation"
   (w.e.f. 20-6-1979).
4. Added by the Constitution              (Forty-second Amendment)      Act, 1976, s. 52
   (w.e.f. 3-1-1977).
5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 39, for "where a
   Proclamation of Emergency" (w.e.f. 20-6-1979).
6. Ins. by s. 39, ibid. (w.e.f. 20-6-1979).

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