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Extraordinary Gazette of India · Government of India

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Published 06 September 1963

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E-1862-1963-0043-84396
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in.gazette.csl_extraordinary.1963-09-06.E-1862-1963-0043-84396
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REGISTERED No. D. 221

The Gazette of Endia

EXTRAORDINARY

PART II- Section 2

PUBLISHED BY AUTHORITY

1963 / BHADRA 15 , 1885 No. 43 ) NEW DELHI , FRIDAY, SEPTEMBER 6 ,

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 6th September , 1963 : -

BILL NO . XXV OF 1933

A Bill further to amend the Constitution of India .

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows :-

1. This Act may be called the Constitution (Amendment ) Act , Short title . 1963 .

2. In article 352 of the Constitution, in clause ( 2 ) , after sub - clause Amendment (c) , the following further proviso shall be inserted , namely : - ofarticle 352 .

"Provided further that such Proclamation shall cease to operate at the expiration of a period of six months from the date of its issue , unless Parliament , by resolutions passed in each House by a majority of the total membership of that House and by a majority of not less than two -thirds of the Members of that House present and voting , extends that period for a further period not exceeding three months . " .

ofarticle Amendment 359 .

3. In article 359 of the Constitution , in clause ( 1 ) , after the words " rights conferred by Part III " the words " but not including the rights conferred by article 22 " shall be inserted.

4. After article 360 of the Constitution , the following article shall be inserted , namely : -

Insertion of new article 360A .

" 360A. There shall be appointed a Joint Committee of both the Houses of Parliament during the period when any

(659) THE GAZETTE OF INDIA EXTRAORDINARY

[PART II 660

Proclamation of Emergency is in force to review the adminis- tration of the laws and rules made consequent upon the issue of the Proclamation with a view to ensure that the powers conferred by such laws and rules are properly exercised and to safeguard against any abuse thereof . " SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY

661

STATEMENT OF OBJECTS AND REASONS

Under the provisions contained in Part XVIII of the Constitution as they stand at present , a Proclamation of Emergency issued under article 352 , after it has been approved by resolutions of both Houses of Parliament , may continue for an indefinite period . As certain consequences flow from the issue of such Proclamation , particularly affecting the fundamental rights conferred under article 22 of the Constitution, it seems necessary to prescribe a maximum period for the duration of a Proclamation of Emergency .

In order to ensure that the powers vested in the executive by or under laws or regulations during an emergency are not abused , it seems necessary in the public interest to provide for popular vigilance in the matter. Such vigilance will be best ensured through a Joint Committee of both the Houses of Parliament ,

Hence the proposed Bill .

BHUPESH GUPTA .

S. N. MUKERJEE ,

Secretary .

PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1963

Cite this issue. Extraordinary Gazette of India, Government of India, 06 September 1963. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1963-09-06.E-1862-1963-0043-84396/. Archive identifier in.gazette.csl_extraordinary.1963-09-06.E-1862-1963-0043-84396.