REGISTERED NO , D. tái
The Gazette of Endia
EXTRAORDINARY
PART II-Section 2
PUBLISHED BY AUTHORITY
No. 46] NEW DELHI, SATURDAY , OCTOBER 3 , 1964/ ASVINA 11 , 1886
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 3rd October , 1964 : -
BILL NO . X OF 1964
A Bill further to amend the Constitution of India.
Br it enacted by Parliament in the Fifteenth Year of the Republic of India as follows:-
1. This Act may be called the Constitution (Amendment ) Act , Shon title. 1964.
2. In article 352 of the Constitution , in clause (2 ) , after sub -clause (c) , the following further proviso shall be inserted , namely : -
Amendment 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 . " .
Amendment of article
369. 8. În 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.
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4. After article 360 of the Constitution , the following article shall be inserted , namely:-
Insertion of new article 360А .
" 360A . There shall be appointed a Joint Committee of both the Houses of Parliament during the period when any Proclama- tion of Emergency is in force to review the administration of the laws and rules made consequent upon the issue of the Proclama- tion 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
757
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 .
B. N. BANERJEE ,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELMI AND PUBLISHED BY THE MANAGER OF PUBLICATION , DELHI, 1964