Thursday 6 March 2014

ARTICLE 352 & 356





Article 352: Prior to 44th Amendment Bill 1978, a proclamation of emergency under article 352 could remain in force in the first instance for 2 months. However once approved by the parliament the emergency could remain in force indefinitely. Now, the 44th amendment has cut this power of the executive down. After the 44th amendment, a proclamation of emergency may remain in force in the first instance for one month. Such Proclamation, if approved by the parliament shall remain in force for a period of 6 months (unless revoked earlier) . For further continuance approval would be required from the parliament for every 6 months. So on approval of the parliament and not on the discretion of the executive the emergency may continue for a longer time. 




Article 356: Proclamation of emergency under article 356 may will remain in operation for 6 months at a time but in not any case this proclamation will remain in force for more than 3 years.

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