Article 353 of The Constitution of India in hindi
While a Proclamation of Emergency is in operation, then—
- (a)notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;
- (b)the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List: 1. Cls. (4) and (5) ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 5 (with retrospective effect) and subsequently cl. (4) renumbered as cl. (9) and cl. (5) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 37 (w.e.f. 20-6-1979). 1[Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,—
- (i)the executive power of the Union to give directions under clause (a), and
- (ii)the power of Parliament to make laws under clause(b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is 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.]
↩2.Subs. by s. 37, ibid. for "internal disturbance" (w.e.f. 20-6-1979).
Summary
- This provision gives the central government broad executive and legislative control over states during a declared emergency.
- The Union government can direct any state on exactly how to use its executive powers.
- The national Parliament gains the power to make laws on subjects that normally belong exclusively to the states.
- Parliament can also grant new powers and assign new duties to Union officers to carry out these laws.
- If an emergency is declared in only one part of the country, these extended central powers can still apply to other states if their security is threatened by the crisis.
Practical examples
FAQ
1. Can the national government tell a state government what to do during an emergency under Section 353 of The Constitution of India?
Yes, under Section 353 of the Constitution, the Union government can give directions to any state regarding how it should exercise its executive powers during an emergency.
2. Does Parliament get to make state laws under Section 353 of the Indian Constitution?
Yes, Section 353 of the national Constitution allows Parliament to make laws on matters that are usually not in the Union List while a Proclamation of Emergency is active.
3. Can an emergency in one state affect another state under Section 353 of the Constitution document?
Yes, Section 353 of The Constitution of India states that if an emergency is limited to one area, the Union can still give directions and make laws for other states if national security is threatened by activities in the emergency area.
Test yourself
Q1.Under Section 353 of The Constitution of India, what happens to the legislative power of Parliament during an emergency?
Q2.According to Section 353 of the Constitution document, if a Proclamation of Emergency is operating in only a specific part of the territory of India, can the Union exercise its expanded executive powers in other states?
Q3.What specific power does Parliament gain regarding Union officers under Section 353 of The Constitution of India?
Q4.Under Section 353 of the Indian Constitution, the executive power of the Union extends to giving directions to a state about what specific function?