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Andani

law in state by parliament

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I didn't get your question :unsure: :unsure:

Did you mean 'does laws made during the proclamation of emergency prevails even after emergency is revoked or they automatically ceased to exit with the revocation of emergency?'   

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what are the differences between laws made under article 353 (because of national emergency (art-352)) and article 357 (because of state emergency).......? Are all laws made during the emergency co-terminus nature or only those which are inconsistent with FR...........?

 

(while answering please try to combine article 250---laws in state field during emergency by parliament)......

 

 

 

thank you shushil

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There is a classification which is pertinent to mention here. parliament have two type of legislative power under the proclamation of emergency.(A) one are the legislative powers which parliament is already competent ( without the proclamation)  (B) powers which comes to it with the proclamation of emergency (article 250,357,358). 

 

whenever parliament exercise its power under category A , then laws enacted continue in force even after the revocation on the other hand laws made under category B  cease to have effect on expiration of emergency with exception in case article 357.

 

further, laws made which are inconsistent with the Articles 14-19(FR) cease to have effect immediately after the revocation. and also this power can be exercised only in case of external aggregation. - Article 358

 

laws made on the state list by parliament in case of national emergency cease to have effect after the expiration of 6 month period after the revocation. - Article 250. Clause 2

 

laws made on the state list by parliament in case of president rule continue in force even after the revocation. - Article 357. Clause 2. This is one of the main difference between 353 (almost similar to the article 250) and 357.

 

 

(Above ans. is best of my knowledge but i am not 100% sure that i explained it the way it is so, verification required  :) )  

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