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:

 

   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.

Debate Summary

Article 276, Draft Constitution of India (1948) 

276. Where a Proclamation of Emergency is in operation, then, notwithstanding anything contained in this Constitution: 

(a) 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 Government of India or officers and authorities of the Government of India as respects that matter. 

 

Draft Article 276 (Article 353 of Constitution of India 1950) was debated on 3 August 1949. Draft Article 276 empowered the Union Executive, during an emergency, to direct any State government’s executive powers. Further, it gave Parliament the power to make laws to expand the Union government's executive powers.  

 

The Drafting Committee Chairman introduced an amendment to clarify that Parliament’s power to make laws to expand the Union Executive’s powers is not limited to the Constitution’s Union List subjects. A Member felt that this amendment was redundant since the Draft Article opened by stating that it would not be constrained by any other provision of the Constitution.  

 

Nonetheless, the Assembly adopted this amendment without any debate.  


The Drafting Committee Chairman proposed another minor amendment that did not change the substance of the Draft Article. The Assembly adopted this amendment as well.  

 

Draft Article 276 was adopted with amendments on 3 August 1949.   

 

In 1976, Article 353 was amended to extend the powers of the Union Parliament and executive to exercise its powers under this provision to any State even if the proclamation of emergency is related to only one particular State or territory.