Vol. 13 · pages 266–270

PART XI Emergency Provisions Proclamation of Emer- gency. 275. (1) If the President is satisfied that a grave emergency exists whereby the security of India is threatened, whether by war or domestic violence, he may by proclamation, make a declaration to that effect. 5 (2) A proclamation issued under clause (1) of this article (in this Constitution referred to as “a Proclamation of Emergency”)— 10 (a) may be revoked by a subsequent proclama- tion; (b) shall be laid before each House of Parlia- ment; (c) shall cease to operate at the expiration of six months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. 15 (3) A Proclamation of Emergency declaring that the security of India is threatened by war or by domestic violence may be made before the actual occurrence of war or of any such violence if the President is satisfied that there is imminent danger thereof. 20 Effect of Proclamation of Emer- gency. 276. Where a Proclamation of Emergency is in operation, then, notwithstanding anything contained in this Constitution— 25 (a) the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exer- cised; 30 (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties or authorising the con- ferring of powers and the imposition of duties upon the Government of India or officers and authorities of the Government of India as respects that matter. 35 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 265 233THE DRAFT CONSTITUTION

Application of provisions relating to distribution of revenues during the period a Proclamation of Emer- gency is in operation. 277. The President may, while a Proclamation of Emergency is in operation, by order, direct that all or any of the provisions of articles 249 to 259 of this Constitution shall for such period, not extending in any case beyond the expiration of the financial year in which such proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit. 5 Provisions in case of failure of constitutional machinery in States in Part I of the First Schedule. 278. (1) If the President, on receipt of a procla- mation issued by the Governor of a State under article 188 of this Constitution, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provi- sions of this Constitution, he may by proclamation— 10 (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercis- able by the Governor or any body or authority in the State other than the Legislature of the State; 15 20 (b) declare that the powers of the Legislature of the State shall be exercisable only by Parliament; and any such proclamation may contain such inci- dental and consequential provisions as may appear to him to be necessary or desirable for giving effect to the objects of the proclamation, including provi- sions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in that State: 25 30 Provided that nothing in this clause shall author- ise the President to assume to himself any of the powers vested in or exercisable by a High Court or to suspend, either in whole or in part, the operation of any provision of this Constitution relating to High Courts. 35 (2) Any such proclamation may be revoked or varied by a subsequent proclamation. (3) A proclamation under this article— (a) shall be laid before each House of Parlia- ment; 40 266 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 234 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(b) except where it is a proclamation revoking a previous proclamation, shall cease to operate at the expiration of six months: Provided that, if and so often as a resolution approving the continuance in force of such a procla- mation is passed by both Houses of Parliament, the proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation shall in any case remain in force for more than three years. 5 10 (4) Where by a proclamation issued under clause (1) of this article it has been declared that the powers of the Legislature of the State shall be exercisable only by Parliament, it shall be competent— 15 (a) for Parliament to make laws conferring powers and imposing duties, or authoris- ing the conferring of powers and the imposition of duties, upon the Govern- ment of India or officers and authorities of the Government of India; 20 (b) for the President to promulgate Ordinances under article 102 of this Constitution except when both Houses of Parliament are in session. 25 (5) Any law made by Parliament which Parlia- ment would not but for the issue of a proclamation under this article have been competent to make shall to the extent of the incompetency cease to have effect on the expiration of a period of one year after the proclamation has ceased to operate, except as res- pects things done or omitted to be done before the expiration of the said period unless the provisions which shall so cease to have effect are sooner repealed or re-enacted with or without modification by Act of the Legislature of the State. 30 35 Suspension of provisions during emergencies, 279. While a Proclamation of Emergency is in operation, nothing in article 13 of Part III of this Constitution shall restrict the power of the State as defined in that Part to make any law or to take any executive action which the State would otherwise be competent to make or to take. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 267 235THE DRAFT CONSTITUTION

Suspension of the rights guaranteed by article 25 of this Constitution during emergencies. *280. Where a Proclamation of Emergency is in operation, the President may by order declare that the rights guaranteed by article 25 of this Constitution shall remain suspended for such period not extending beyond a period of six months after the proclamation has ceased to be in operation as may be specified in such order. 5 * The Committee is of opinion that no provision should be made for suspension of the Fundamental Rights under article 13 or for suspension of the enforcement of such rights under article 25 where an emergency is declared by the Government of a State for the time being specified in Part III of the First Schedule as it will create unnecessary complications. 268 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 236 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

PART XII Services under the Union and the States CHAPTER I—*Services Inter- pretation. 281. In this Part, unless the context otherwise requires, the expression “State” means a State for the time being specified in Part I of the First Sche- dule. 5 Recruitment and cond- itions of service of persons serving the Union or a State. 282. (1) Subject to the provisions of clause (2) of this article, Acts of the appropriate Legislature may regulate the recruitment and the conditions of service of persons appointed to public services, and to posts in connection with the affairs, of the Union or any State. 10 (2) No person who is a member of any civil ser- vice or holds any civil post in connection with the affairs of the Government of India or the Govern- ment of a State shall be dismissed, removed or re- duced in rank until he has been given a reasonable opportunity of showing cause against the action pro- posed to be taken in regard to him: 15 20 Provided that this clause shall not apply— (a) where a person is dismissed, removed, or reduced in rank on the ground of conduct which has led to his conviction on a cri- minal charge; or 25 (b) where an authority empowered to dismiss a person or remove him or reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that person an opportunity of showing cause. 30 Transitional provisions. 283. Until other provision is made in this behalf tinder this Constitution, any rules which were in force immediately before the commencement of this 35 * The Committee is of opinion that detailed provisions with regard to recruitment and conditions of service of persons in Defence services or serving the Union or a State in a civil capacity should not be included in the Constitution but should be left to be regulated by Acts of the appropriate Legislature. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 269 237THE DRAFT CONSTITUTION