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| What is Article 353 of Indian constitution |
Article 353 of the Indian Constitution
Title: Effect of Proclamation of Emergency
🔷 Explanation of Article 353:
Article 353 describes the consequences and powers that the Union Government gains when a National Emergency (Article 352) is in force.
✅ Key Provisions:
🔹 Clause (a):
During a National Emergency:
The executive power of the Union extends to giving directions to any State, even on matters in the State List.
🔹 Clause (b):
Parliament gains power to:
Make laws on any matter in the State List, even if normally reserved for State Legislatures.
🗓️ Such laws cease to operate 6 months after the Emergency ends unless repealed earlier.
🟢 Key Points:
| Aspect | Details |
|---|---|
| When Applicable? | Only when Article 352 (National Emergency) is in force |
| Effect on Centre-State Relations | Union can override State powers and direct States |
| Effect on Legislative Powers | Parliament can legislate on State subjects |
| Duration of Laws Made Under Emergency | Valid during Emergency, and up to 6 months after its end |
| Example of Use | During the 1975–77 Emergency, Parliament passed laws on State subjects like education, police reforms, etc. |
📌 Purpose of Article 353:
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To allow the Union Government to act swiftly and decisively in times of national crisis.
-
Ensures unity of action and central control when the country faces threats like war or armed rebellion.
📝 Note:
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These powers are not available during President’s Rule (Article 356) or Financial Emergency (Article 360) — only during National Emergency (Article 352).
Here is a comparison chart between Article 352 and Article 353 of the Indian Constitution:
🗂️ Comparison Chart: Article 352 vs Article 353
| Aspect | Article 352 | Article 353 |
|---|---|---|
| Title | Proclamation of Emergency | Effect of Proclamation of Emergency |
| Type | Declaration provision | Operational provision |
| Focus | Declares a National Emergency | Specifies powers and effects after Emergency is declared |
| Trigger | Threat due to war, external aggression, or armed rebellion | Comes into force only after Article 352 is proclaimed |
| Authority Involved | President of India, on advice of Union Cabinet | Parliament and Union Executive (central government) |
| Impact on Law-making Powers | Not direct — enables Article 353 to empower Parliament | Parliament can make laws on State subjects |
| Impact on Executive Powers | Not direct — enables Article 353 to empower Centre | Centre can give directions to any State government |
| Validity of Emergency Laws | Declared by Presidential Proclamation | Laws made under Emergency remain valid for 6 months after Emergency ends |
| Type of Provision | Emergency declaration mechanism | Emergency power-execution mechanism |
| Example | Emergency declared in 1975 due to internal disturbance | Centre controlled police, education, and planning in States during that period |
📝 Summary:
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🛑 Article 352 = Declares National Emergency.
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⚙️ Article 353 = Empowers Centre and Parliament to act beyond their normal limits during that Emergency.
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