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