365604

Sir, I move:

That for article 275, the following article be substituted :-

Proclamation of Emergency.

5.(1) if the president is satisfied that a grave emergency exists whereby the security of India or of any Part of the territory is threatened, whether by war or external aggression or internal disturbance,  he may, by proclamation, make a declaration to that effect.

(2) A Proclamation issued under clause (1) of this article (in this Constitution referred to as ‘a Proclamation of Emergency’)-

(a) may be revoked by a subsequent Proclamation;

(b) shall be laid before each House of Parliament;

(c) shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses, of Parliament;

Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or if the dissolution of the House of the People takes place during the period of two months referred to in sub-clause (c) of this clause and the Proclamation has not been approved by a resolution passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of that period resolutions approving the Proclamation have been passed by both Houses of Parliament.

(3) A Proclamation of Emergency declaring that the security of India or of any part of the territory thereof is threatened by war or by external aggression or by internal disturbance may be made before the actual occurrence of war or of any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.’

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