(1) Notwithstanding anything in the preceding sections of this chapter, the Federal Legislature shall, if theGovernor-General has in his discretion declared by Proclamation (in this Act referred to as a "Pro-clamation (in this Act referred to as a "Proclama-tion of Emergency") that a grave emergency exists whereby the securityof India is threatened, whether by war or internal disturbance, have powerto make laws for a Province or any part thereof with respect to any of thepatters enumerated in the Provincial Legislative List¹[or to make laws, whether or not, for a Province or any part thereof, with respect to anymatter not enumedated in any of the lists in the Seventh Schedule to thisAct:]

Provided that no Bill or amendment for the purposes aforesaid shall beintroduced or moved without the previous sanction of the Governor-General in his discretion, and the Governor-General shall not give his sanction unless it appears to him that the provision proposed to be made is a proper provision in view of the nature of the emergency.

(2) Nothing in this section shall restrict the power of a Provincial (Legislature to make any law which under this Act it has power to make, but ifany provision of a Provincial law in repugnant to any provision of a Federal law which the Federal Legislature has under this section power to make, the Federal law, whether passed before or after the Provincial law, shall prevail, and the Provincial law shall to the extent of the repugnancy, but so long only as the Federal law continues to have effect, be void.

²[(3) A Proclamation of Emergency-

(a) may be revoked by a subsequent Proclamation ;

(b) shall be communicated forthwith to the Secretary of State and shall be laid by him before each House of Parliament; and

(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.]

(4) A law made by the Federal Legislature which that Legislaturewould not but for the issue of a Proclamation of Emergency have beencompetent to make³[shall, to the extent of the incompetency, cease to haveeffect] on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be donebefore the expiration of the said period.

⁴[(5) A Proclamation of Emergency declaring that the security ofIndia is threatened by war or by internal disturbance may be made beforethe actual occurrence of war or of any such disturbance if the Governor-General in his discretion is satisfied that there is imminent danger thereof.]

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1. Inserted by the India (Proclamations of Emergency) Act, 1946 (3 and 10 Geo. 6, Ch. 23), S. 1. The Act shall be deemed to have come into operation on the commencement of Part III of the Government of India Act. (Sees. 2 of the 1946 Act).

2. For sub-sec. (3). the following was substituted, by the India (Provisional Constitution) Order, 1947--

"A Proclamation of Emergency may be revoked by a subsequent Proclama- tion".

3. Section 5 of the India (Central Government and Legislature) Act, 1946 (9&10 Geo. VI, Ch. 39), by which these words are substituted, runs as follows:--

"A law made by the Indian Legislature whether before or after the passing of'this Act, during the continuance in force of the proclamation of Emergencybeing a law which that Legislature would not, but for the issue of such aProclamation, have been competent to make, shall not cease to have effectas required by sub-section (4) of section one hundred and two of the Govern-ment of India Act, 1935, except to the extent to which the said Legislaturewould not, but for the issue of that Proclamation, have been competent tomake it, and accordingly, in the said sub-section (4) for the words "shallcease to have effect" there shall be substituted the words "shall, to the extentof the incompetency, cease to have effect."

4. Inserted by the Government of India (Amendment) Act, 1939 (2&3 Geo. 6,Ch. 66), s. 1, (effective form 1-4-1937) See s. 2(2), by which these words are substituted, runs as follows:--

"A law made by the Indian Legislature whether before or after the passing of'this Act, during the continuance in force of the proclamation of Emergencybeing a law which that Legislature would not, but for the issue of such aProclamation, have been competent to make, shall not cease to have effectas required by sub-section (4) of section one hundred and two of the Govern-ment of India Act, 1935, except to the extent to which the said Legislaturewould not, but for the issue of that Proclamation, have been competent tomake it, and accordingly, in the said sub-section (4) for the words "shallcease to have effect" there shall be substituted the words "shall, to the extentof the incompetency, cease to have effect."