Constitution of India

[a] Art. 358 renumbered as clause (1) and substituted for words “While a Proclamation of Emergency is in
operation” by Constitution (Forty-fourth Amendment) Act, 1978, S. 39 (20-6-79).
[b] Added by Constitution (Forty-second Amendment) Act, 1976, S. 53 (3-1-77).
[c] Substituted for words “where a Proclamation of Emergency” by Constitution (Forty-fourth Amendment)Act,
1978, S. 39 (20-6-79).
[d] Inserted, ibid.
OBJECTS AND REASONS
Clause 40.— This clause seeks to amend article 358 relating to the suspension of provisions
of article 19 during Emergencies. By virtue of the amendments, the provisions of article 19
will become suspended only in the case of a Proclamation of Emergency issued on the
ground of war or external aggression and not in the case of a Proclamation of Emergency
issued on the ground of armed rebellion. Further, the suspension of article 19 under article
358 will not apply in relation to any law which does not contain a recital to the effect that
such law is in relation to the Proclamation of Emergency in operation when it is made or to
any executive action taken otherwise than under a law containing such a recital. S.O.R. —
See Gaz. of Ind., 15-5-78, Pt. II. S. 2. Ext., p. 619.
Art. 359. Suspension of the enforcement of the rights conferred by Part III during
emergencies.— (1) Where a Proclamation of Emergency is in operation, the President may
by order declare that the right to move any court for the enforcement of such of a[the rights
conferred by Part III (except articles 20 and 21)] as may be mentioned in the order and all
proceedings pending in any court for the enforcement of the rights so mentioned shall remain
suspended for the period during which the Proclamation is in force or for such shorter period
as may be specified in the order.
b
[(1 A) While an order made under clause (1) mentioning any of a[the rights conferred by
Part III (except articles 20 and 21)] is in operation, nothing in that Part conferring those rights
shall restrict the power of the State as defined in the said Part to make any law or to take any
executive action which the State would but for the provisions contained in that Part be
competent to make or to take, but any law so made shall, to the extent of the incompetency,
cease to have effect as soon as the order aforesaid ceases to operate, except as respects things
done or omitted to be done before the law so ceases to have effect]:
c
[Provided that where a Proclamation of emergency is in operation only in any part of the
territory of India, any such law may be made, or any such executive action may be taken,
under this article in relation to or in any State or Union territory in which or in any part of
which the Proclamation of Emergency is not in operation, if and in so far as the security of
India or any part of the territory thereof is threatened by activities in or in relation to the part
of the territory of India in which the Proclamation of Emergency is in operation]. d[(1B)
Nothing in clause (1A) shall apply —
(a) to any law which does not contain a recital to the effect that such law is in relation to the
Proclamation of Emergency in operation when it is made; or
(b) to any executive action taken otherwise than under a law containing such a recital].
(2) An order made as aforesaid may extend to the whole or any part of the territory of India:
e
[Provided that where a Proclamation of Emergency is in operation only in a part of the
territory of India, any such order shall not extend to any other part of the territory of India
unless the President, being satisfied that the security of India or any part of the territory
thereof is threatened by activities in or in relation to the part of the territory of India in which
the Proclamation of Emergency is in operation, considers such extension to be necessary].

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(3) Every order made under clause (1) shall, as soon as may be after it is made, be laid
before each House of Parliament.

[a] Substituted for words “the rights conferred by Part III” by Constitution (Forty-fourth Amendment) Act,1978,
S. 40 (20-6-79).
[b] Inserted and deemed always to have been so inserted by Constitution (Thirty-eighth Amendment) Act,1975,
S.7 (1-8-75).
[c] Inserted by Constitution (Fourty-second Amendment) Act, 1976, S. 53 (3-1-77).
[d] Inserted by Constitution (Fourty-fourth Amendment) Act, 1978, S. 40 (20-6-79).
[e] Inserted by Constitution (Fourty-second Amendment) Act, 1976, S. 53 (3-1-77).
OBJECTS AND REASONS
Clause 41.— This clause seeks to make two amendments to article 359 of the Constitution
relating to suspension of the enforcement of the rights conferred by Part III during
Emergencies. The first amendment is for providing that the enforcement of the right to life
and personal liberty under article 21 cannot be suspended. The second amendment is for
providing that the suspension of the enforcement of any right under the article will not apply
in relation to any law which does not contain a recital to the effect that such law is in relation
to the Proclamation of Emergency in operation when it is made or to any executive action
taken otherwise than under a law containing such a recital. S. O. R.— Gaz. of Ind., 15-5-78,
Pt. II, S. 2, Ext., p. 619.
Art. 359A. [Application of this part to the State of Punjab.— Omitted by the Constitution
(Sixty-third Amendment) Act, 1989, S. 3 (6-1-1990).
Art. 360. Provisions as to financial emergency.— (1) If the President is satisfied that a
situation has arisen whereby the financial stability or credit of India or of any part of the
territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
a
[(2) A Proclamation issued under clause (1)—
(a) may be revoked or varied by a subsequent Proclamation;
(b) shall be laid before each House of Parliament;
(c) shall cease to operate at the expiration of two months, unless before the expiration of
that period it has been approved by resolutions of both Houses of Parliament :
Provided that if any such 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
two months referred to in sub-clause (c), 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 a resolution approving the Proclamation has been also passed by the House of the
People].
(3) During the period any such Proclamation as is mentioned in clause (1) is in operation,
the executive authority of the Union shall extend to the giving of directions to any State to
observe such canons of financial propriety as may be specified in the directions, and to the
giving of such other directions as the President may deem necessary and adequate for the
purpose.

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(4) Notwithstanding anything in this Constitution —(a) any such direction may include—
(i) a provision requiring the reduction of salaries and allowances of all or any class of
persons serving in connection with the affairs of a State;
(ii) a provision requiring all Money Bills or other Bills to which the provisions of article
207 apply to be reserved for the consideration of the President after they are passed by the
Legislature of the State;
(b) it shall be competent for the President during the period any Proclamation issued under
this article is in operation to issue directions for the reduction of salaries and allowances of all
or any class of persons serving in connection with the affairs of the Union including the
Judges of the Supreme Court and the High Courts.
b
[(5) * *]
[a] Substituted by Constitution (Forty-fourth Amendment) Act, 1978, S. 41 (20-6-79).
[b] Cl. (5) as inserted by Constitution (Thirty-eighth Amendment) Act, 1975, omitted, ibid.
JAMMU AND KASHMIR
Article 360 shall be omitted —See Constitution (Application to Jammu and Kashmir)
Order, 1954, Para 2, sub-para 13 (c) (as substituted by C. O. 71 of 1964).
PART XIX
MISCELLANEOUS
Art. 361. Protection of President and Governors and Rajpramukhs.— (1) The President,
or the Governor or Rajpramukh of a State, shall not be answerable to any court for the
exercise and performance of the powers and duties of his office or for any act done or
purporting to be done by him in the exercise and performance of those powers and duties :
Provided that the conduct of the President may be brought under review by any court,
tribunal or body appointed or designated by either House of Parliament for the investigation
of a charge under article 61 :
Provided further that nothing in this clause shall be construed as restricting the right of any
person to bring appropriate proceedings against the Government of India or the Government
of a State.
(2) No criminal proceedings whatsoever shall be instituted or continued against the
president, or the Governor a[* * *] of a State, in any Court during his term of office.
(3) No process for the arrest or imprisonment of the President, or the Governor a[* *] of a
State, shall issue from any Court during his term of office.
(4) No civil proceedings in which relief is claimed against the President, or the Governora[*
*] of a State, shall be instituted during his term of office in any Court in respect of any act
done or purporting to be done by him in his personal capacity, whether before or after he
entered upon his office as President, or as Governor a[* *] of such State, until the expiration
of two months next after notice in writing has been delivered to the President or the Governor
b
[* * *], as the case may be, or left at his office stating the nature of the proceedings, the
cause of action therefor, the name, description and place of residence of the party by whom
such proceedings are to be instituted and the relief which he claims.
[a] The words ‘or Rajpramukh’ omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and
Schedule (1-11-1956).
[b] The words ‘or the Rajpramukh’ omitted, ibid.

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a
[Art. 361A. Protection of publication of proceedings of Parliament and State
Legislatures.— (1) No person shall be liable to any proceedings, civil or criminal, in any
court in respect of the publication in a newspaper of a substantially true report of any
proceedings of either House of Parliament or the Legislative Assembly, or, as the case may
be, either House of the Legislature, of a State, unless the publication is proved to have been
made with malice :
Provided that nothing in this clause shall apply to the publication of any report of the
proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or,
as the case may be, either House of the Legislature, of a State.
(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless
telegraphy as part of any programme or service provided by means of a broadcasting station
as it applies in relation to reports or matters published in a newspaper.
Explanation— In this article “newspaper” includes a news agency report containing material
for publication in a newspaper.]
[a] Inserted by Constitution (Forty-fourth Amendment) Act, 1978, S. 42 (20-6-79).
a
[Art. 361B. Disqualification for appointment on remunerative political post.— A
member of a House belonging to any political party who is disqualified for being a member
of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any
remunerative political post for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member would expire or
till the date on which he contests an election to a House and is declared elected, whichever is
earlier.
Explanation.— For the purposes of this article,—
(a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of
the Tenth Schedule;
(b) the expression “remunerative political post” means any office—
(i) under the Government of India or the Government of a State where the salary or
remuneration for such office is paid out of the public revenue of the Government of India or
the Government of the State, as the case may be; or
(ii) under a body, whether incorporated or not, which is wholly or partially owned by the
Government of India or the
Government of a State and the salary or remuneration for such office is paid by such body,
except where such salary or remuneration paid is compensatory in nature.]
[a] Inserted by the Constitution (Ninety-first Amendment) Act, 2003, S. 4 (1-1-2004).
Art. 362. Omitted.— [Omitted by the Constitution (Twenty-sixth Amendment) Act, 1971, S.
2 (28-12-1971).]
Art. 363. Bar to interference by courts in disputes arising out of certain treaties,
agreements, etc.— (1) Notwithstanding anything in this Constitution but subject to the
provisions of article 143, neither the Supreme Court nor any other Court shall have
jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant,
engagement, and or other similar instrument which was entered into or executed before the
commencement of this Constitution by any Ruler of an Indian State and to which the
Government of the Dominion of India or any of its predecessor Governments was a party and
which has or has been continued in operation after such commencement, or in any dispute in

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respect of any right accruing under or any liability or obligation arising out of any of the
provisions of this Constitution relating to any such treaty, agreement, covenant, engagement,
and or other similar instrument.
(2) In this article —
(a) “Indian State” means any territory recognised before the commencement of this
Constitution by His Majesty or the Government of the Dominion of India as being such a
State; and
(b) “Ruler” includes the Prince, Chief or other person recognised before such
commencement by His Majesty or the Government of the Dominion of India as the Ruler of
any Indian State.
a
[Art. 363A. Recognition granted to Rulers of Indian States to cease and privy purses to
be abolished.— Notwithstanding anything in this Constitution or in any law for the time
being in force —
(a) the Prince, Chief or other person who, at any time before the commencement of the
Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the
Ruler of an Indian State or any person who, at any time before such commencement, was
recognised by the President as the successor of such Ruler shall, on and from such
commencement, cease to be recognised as such Ruler or the successor of such Ruler;
(b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act,
1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy
purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such
Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.]
[a] Inserted by Constitution (Twenty-sixth Amendment) Act, 1971, S. 3 (28-12-71).
Art. 364. Special provisions as to major ports and aerodromes.— (1) Notwithstanding
anything in this Constitution, the President may by public notification direct that as from such
date as may be specified in the notification—
(a) any law made by Parliament or by the Legislature of a State shall not apply to any major
port or aerodrome or shall apply thereto subject to such exceptions or modifications as may
be specified in the notification, or
(b) any existing law shall cease to have effect in any major port or aerodrome except as
respects things done or omitted to be done before the said date, or shall in its application to
such port or aerodrome have effect subject to such exceptions or modifications as may be
specified in the notification.
(2) In this article—
(a) “major port” means a port declared to be a major port by or under any law made by
Parliament or any existing law and includes all areas for the time being included within the
limits of such port;
(b) “aerodrome” means aerodrome as defined for the purposes of the enactments relating to
airways, aircraft and air navigation.
Art. 365. Effect of failure to comply with, or to give effect to, directions given by the
Union.— Where any State has failed to comply with, or to give effect to, any directions
given in the exercise of the executive power of the Union under any of the provisions of this
Constitution, it shall be lawful for the President to hold that a situation has arisen in which the

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