Some power are being given to the President arising out of a Proclamation of Emergency notwithstanding the fact that the subject dealt with is one not enumerated in the Union List. It gives power to the President to act on subjects in the Provincial List. But this safeguard is already there at the beginning of the Article 276. Dr. Ambedkar proposes to transpose these words to the beginning of clause (a). But the sense remains the same because the Article begins with the words “Notwithstanding anything contained in this Constitution“, which includes the condition “notwithstanding that it is one which is not enumerated in the Union List.” So there is no need to repeat them at the end. They are already implied by the general condition “notwithstanding anything contained in this Constitution” appearing at the beginning. If we are to mention special things like this in spite of the general words, then they will have to be exhaustive, but nobody can be sure whether there will be other exceptions needing special mention. This amendment is unnecessary.
