367994

Sir, I move:

That with reference to amendment No. 15 of List I ( Fourth Week) of Amendments to Amendments, after article 279, the following new article be added :-

‘279-A. Any law made or any executive action taken under article 279 in derogation of the provisions of article 13 of Part III of the Constitution shall ensure for such period only as is considered necessary by the State as defined in that Part and in no case for a period longer than the period during which a Proclamation of Emergency is in force.”’     

“That in amendment No.15 of List I (Fourth Week) of Amendments to Amendments, for the proposed article 280, the following be substituted :-

“280 Any law made or executive action taken under article 279 ensure for such period only as is considered necessary by the State as defined in part III of the Constitution and in no case for a period longer than the period during which a Proclamation of Emergency remains in force.’ ”     

“That in amendment No. 15 of List I (Fourth Week) of Amendments to Amendments, in clause (1) of the proposed article 280, after the words ‘a Proclamation of Emergency’ the words, figures and brackets ‘under article 275(1) of the Constitution’ be inserted”.    

“That in amendment No.15 of List I (Fourth Week) of Amendments to Amendments, in clause (2) of the proposed article 280, the following be added at the end:-

‘for a period during which the Proclamation is in force or for such shorter period as may be specified.'”     

“That in amendment No.15 of List I (Fourth Week) of Amendments to Amendments, after clause (2) of the proposed article 280, the following new clause be added :-     

‘(2A) Any such order may be revoked or varied by a subsequent order.’ ”     

“That in amendment No. 15 of List I (Fourth Week) of Amendments to Amendments, in clause (3) of the proposed article 280, the following new clause be added at the end :-

‘and shall cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament :

Provided that if any such order 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 one month referred to in clause (3) of this article and the order has not been approved by a resolution passed by the House of the People before the expiration of that period, this order shall cease to operate at the expiration of fifteen 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 order have been passed by both Houses of Parliament.‘”

Leave a Reply

Your email address will not be published. Required fields are marked *