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Proclamation of Emergency
352. Proclamation of Emergency.-
(1) If the President is satisfied that a grave emergency exists whereby the security
of India or of any
part of the territory thereof is threatened, whether by war or external aggression or
_308[armed rebellion], he may, by Proclamation, make a declaration to that effect
_309[in respect of the whole of India or of such part of the territory thereof as may
be specified in the Proclamation].
310 Explanation. - A Proclamation of Emergency declaring that the security of
India or any part of the territory thereof is threatened by war or by external
aggression or by armed rebellion may be made
before the actual occurrence of war or of any such aggression or rebellion , if the
President is satisfied that there is imminent danger thereof.
311[(2) A Proclamation issued under clause :
(1) may be varied or revoked by a subsequent Proclamation.
(3) The President shall not issue a Proclamation under clause (1) or a Proclamation
varying such Proclamation unless the decision of the Union Cabinet (that is to say,
the Council consisting of the Prime Minister and other Ministers of Cabinet rank
appointed under article 75) that such a Proclamation may be issued has been
communicated to him in writing.
(4) Every Proclamation issued under this article shall be laid before each House of
Parliament and shall, except where it is a Proclamation revoking a previous
Proclamation, cease to operate at the expiration
of one month unless before the expiration of that period it has been approved by
resolutions of both Houses of Parliament: Provided that if any such Proclamation
(not being a Proclamation revoking a previous 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 one month referred to in
this clause, 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

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a resolution approving the Proclamation has been also passed by the House of the
People.
(5) A Proclamation so approved shall, unless revoked, cease to operate on the
expiration of a period of six months from the date of the passing of the second of
the resolutions approving the Proclamation
under clause (4):
Provided that if and so often as a resolution approving the continuance in force of
such a Proclamation is passed by both Houses of Parliament the Proclamation
shall, unless revoked, continue in force for a further period of six months from the
date on which it would otherwise have ceased to operate under this clause:
Provided further that if the dissolution of the House of the People takes place
during any such period of six months and a resolution approving the continuance in
force of such Proclamation has been passed by the Council of States but no
resolution with respect to the continuance in force of such Proclamation has been
passed by the House of the People during the said 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 reconstituion unless before the expiration of the said
period of thirty days, a resolution approving the continuance in force of the
Proclamation has been also passed by the House of the People.
(6) For the purposes of clauses (4) and (5), a resolution may be passed by either
House of Parliament only 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. (7) Notwithstanding anything
contained in the foregoing clauses, the President shall revoke a Proclamation
issued under clause
(1) or a Proclamation varying such Proclamation if the House of the People passes
a resolution disapproving, or, as the case may be, disapproving the continuance in
force of, such Proclamation.
(8) Where a notice in writing signed by not less than one-tenth of the total number
of members of the House of the People has been given, of their intention to move a
resolution for disapproving, or, as the case may be, for disapproving the
continuance in force of, a Proclamation
issued under clause
(1) or a Proclamation varying such Proclamation,-
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session,

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Proclamation of Emergency 352. Proclamation of Emergency.- (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or _308[armed rebellion], he may, by Proclamation, make a declaration to that effect _309[in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation]. 310 Explanation. - A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion , if the President is satisfied that there is imminent danger thereof. 311[(2) A Proclamation issued under clause : (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) that such a Proclamation may be issued has been communicated to him in writing. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless befo ...
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