Article 40 - Amendment of Article 359 - Constitution (44th Amendment) Act, 1978

Amendment of Article 359 . 40. In Article 359 of the Constitution, ( a ) in clauses (1) and (1-A), for the words and figures the rights conferred by Part III , the words, figures and brackets the rights conferred by Part III (except Articles 20 and 21) shall be substituted ; ( b ) after clause (1-A), the following clause shall be inserted , namely: (1-B) Nothing in clause (1-A) shall apply ( a ) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or ( b ) to any executive action taken otherwise than under a law containing such a recital. . ******************* NOTES:- 1. Shall come into force, w.e.f. 19th day of June, 1979 vide G.S.R. 383(E), dated 19-6-1979.