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The Constitution of India in English 2026: page 247

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 247, 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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216                    THE CONSTITUTION OF INDIA
                        (Part XVIII.—EMERGENCY PROVISIONS)

             (a) to any law which does not contain a recital to the effect that
       such law is in relation to the Proclamation of Emergency in operation
       when it is made; or
             (b) to any executive action taken otherwise than under a law
       containing such a recital.]
       359. Suspension of the enforcement of the rights conferred by
Part III during emergencies.—(1) Where a Proclamation of Emergency is in
operation, the President may by order declare that the right to move any court
for the enforcement of such of 1[the rights conferred by Part III (except articles
20 and 21)] as may be mentioned in the order and all proceedings pending in
any court for the enforcement of the rights so mentioned shall remain
                                                          e
suspended for the period during which the Proclamation is in force or for such
                                                    od
shorter period as may be specified in the order.
       2                                       aC
         [(1A) While an order made under clause (1) mentioning any of 1[the
                                           di
rights conferred by Part III (except articles 20 and 21)] is in operation, nothing
in that Part conferring those rights shall restrict the power of the State as
                                        In
defined in the said Part to make any law or to take any executive action which
the State would but for the provisions contained in that Part be 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 order aforesaid ceases to operate, except as
respects things done or omitted to be done before the law so ceases to have
effect:]
       3
        [Provided that where a 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.]


1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 40, for "the rights
   conferred by Part III" (w.e.f. 20-6-1979).
2. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 7 (with retrospective
   effect).
3. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 53 (w.e.f. 3-1-1977).

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