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1987 (12) TMI 32 - SUPREME COURTWhether the two Proclamations of Emergency were validly issued or not ? Whether each of the said Proclamations had ceased to be in force at the expiration of two months from the date on which each of them was issued as the resolutions of the Houses of Parliament approving each of them had not been published in the Official Gazette? Held that:- The resolutions of the Lok Sabha and the Rajya Sabha approving the two resolutions have been duly published in the official reports of the two Houses of Parliament. This ought to meet the contention of the petitioner that any public Act or resolution which affects public life should be given due publicity. We also hold that the production of the Lok Sabha Debates and of the Rajya Sabha Debates containing the proceedings of the two Houses of Parliament relating to the period between the time when the resolutions were moved in each of the two Houses of Parliament and the time when the resolutions were duly adopted amounts to proof of the said resolutions. The court is required to take judicial notice of the said proceedings under section 57 of the Indian Evidence Act, 1872. We are, therefore, of the view that the two Proclamations of Emergency were kept in force by virtue of the resolutions passed by the Houses of Parliament until they were duly revoked by the two Proclamations which were issued by the Vice-President acting as President of India in the year 1977. Since the two Proclamations of Emergency were in force when the House of the People (Extension of Duration) Act, 1976 (Act 30 of 1976), was passed, its validity cannot be questioned. The Lok Sabha passed the Finance Act, 1976, during the extended period of its duration and, therefore, the validity of the Finance Act, 1976, also cannot be questioned. In view of the foregoing, this petition should fail and it is accordingly dismissed.
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