Skip to main content

Constitution Of India Article 360 - Provisions as to financial emergency

 Description


(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.

(2) A Proclamation issued under clause(1):

(a) may be revoked or varied 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:

[1]Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-clause(c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been 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 the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(3) During the period any such Proclamation as is mentioned in clause(1) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.

(4) Notwithstanding anything in this Constitution:

(a) any such direction may include:

(i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State;

(ii) a provision requiring all Money Bills or other Bills to which the provisions of article 207 apply to be reserved for the consideration of the President after they are passed by the Legislature of the State;

(b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts.

[2]

-----

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s.41, for clause(2) (w.e.f. 20-6-1979).

2. Clause (5) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 8 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s.41 (w.e.f. 20-6-1979).

Labels:

Comments

Post a Comment

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...
Post a Comment
Read more

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...
Post a Comment
Read more

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more