 bl11 no 18 at 18ft the constitution (eighteenth amendmen1),  _-1-\ bill, 1964 '" lri~~j}~ 2-sj~ ~  a bill further to amend the constitution of india~ - -" ,-  -~~," be it enacted by par'liament in the fifteenth year of the republic of india as follows:-1 this act may be called the constitution (eighteenth amend- shan title ment) act, 1964 s 10 is 2 in article 359 of the constitution,-amendment of article (4) after clause (1), the following clause shall be inaerted, 359 and shall be deemed alway to have been inserted, namely:- (2) while an order made under clause (1) in relation to any of the rights conferred by part iii ist in operation, nothing in that part conferring those rights shall restrict the power of the state as defined in the said part to make any law or to take any _ executive action which the state would but for the provisions contained in that part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect"; (b) the existing clauses (2) and (3) shall be re-numbered as clauses (3) and (4); (c) in clause (3) as so r~bered, after ilie words "the territory o!f india", -the words "or may apply to all persons or any class of persons therein, and any such order may be made so as to be retrospective to any date not earlier than the date of the issue of the proclamation" shall be inserted, and shall be deemed always to have been inserted  statement of objects and reasonswhen a proclamation of emergency is in operation, the president is empowei:ed ander article 359 of the constitution to make an order suspending the right to move any court for the enfarcement of such of ,the rights conferred by part iii as may be mentioned in that order it was intended that the powers conferred by this ar¢icle should be exercised during an emergency according to the needs of the situation on the other hand, article 358 renders the provisions of article 19 automatically inoperative while the proclamation of emergency is in operation, and the power to make any law or to take any executive action is not restricted by the provisions of that article the intention underlying article 359 appears to be that when an order is made under clause (1) of that article in relation to any of the rights conferred by part ill, the order so made would have the same effect in relation to those rights as article 358 has in relaticm to article 19 on account, however, of rthe difference in language between article 358 and article 359, doubts may arise as to the effect; ol an arder made under article 359 the bill seeks to remove these doubts by inserting a new clause in article 359 which follows the language of article 358 2 it is fu~er proposed to make it clear that the ocrder made under clause (1) of article 359 may be made so as to make it applicalble to all persons or any class ~ persona it is also proposed to take powers to make the order with retrospective eftect; to any date not earlier than the date of issue of the proclamation new di:lhi; a k sen the 4th march, 19m lok sabra corrige7jdum to the cohs7itutio~~ (eighteenth amendment) bill, 1964 (to be/as introduced in lok sabha) 1 page 1, line 20, -after n (4)n insert "respectively" new delhi; april 21~ 1964 llaisakha 1, 1886(saka)  annexure extract from the cons'l'iiotlon of india - • - • •359 (1) where a proclamation of emergency is in operation, the sulpemiod president may by order declare that the right to move any court for ~:ccmcat the enforcement of such of the rights conferred by part iii as may of the riahtl be mentioned in the order and all proceedings pending in any court ~~ by for the enforcement of the rights so mentioned shall'remain suspended durlda - for the period during which the proclamation is in force or for such emezauciel shorter period as may be specified in the order (2) an order made as aforesaid may extend to the whole or any part of the territory of india - - - - -  lok sabraa bill further to amend the constitution of india (shri asoke k sen, minister of l(jfj)) 