Union executive power extended to other states when security is threatened by emergency-related activities within territory. The amendment adds a proviso to Article 353 that, when a Proclamation of Emergency operates only in part of India and activities in or related to that part threaten the security of India or any part of its territory, the Union's executive power to give directions under clause (a) and Parliament's power to make laws under clause (b) shall extend to States not under the emergency, but only insofar as necessary to address that security threat.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Union executive power extended to other states when security is threatened by emergency-related activities within territory.
The amendment adds a proviso to Article 353 that, when a Proclamation of Emergency operates only in part of India and activities in or related to that part threaten the security of India or any part of its territory, the Union's executive power to give directions under clause (a) and Parliament's power to make laws under clause (b) shall extend to States not under the emergency, but only insofar as necessary to address that security threat.
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