Home The Constitution Part XVIII Article 353

Art. 353 Part XVIII: Emergency Provisions

Effect of Proclamation of Emergency

Exact text — Constitution of India

While a Proclamation of Emergency is in operation, then—(a) notwithstanding anything in this Constitution, 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 exercised; (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 conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List.

In Plain English

What this Article actually means

This Article spells out exactly what changes once a National Emergency is declared: the Union's executive power expands to directly direct any state's own executive functioning, and Parliament's law-making power extends into subjects it wouldn't otherwise have jurisdiction over — effectively converting India's normal federal division of powers into a much more centralised structure for the Emergency's duration.

Why This Matters To You

How it shows up in everyday life

This is why a National Emergency doesn't just affect citizens' rights (through Articles 358-359) — it fundamentally restructures Union-State power dynamics too, temporarily giving the central government authority it wouldn't otherwise have under the normal constitutional division of powers.

Read alongside this one

Art. 352 — Proclamation of National Emergency Art. 246 — Union, State and Concurrent Lists

Frequently Asked

Quick answers about Article 353

Does this mean state governments are dissolved during a National Emergency?

No — state governments continue to exist and function, but the Union gains the power to direct how they exercise their executive authority, a significant but distinct change from actually dissolving them (which is what Article 356's President's Rule does to an individual state).

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The text above reproduces Article 353 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.