Article 39 - Amendment of Article 358 - Constitution (44th Amendment) Act, 1978

Amendment of Article 358 . 39. Article 358 of the Constitution shall be renumbered as clause (1) of that article, and ( a ) in clause (1) as so renumbered, ( i ) in the opening portion, for the words While a Proclamation of Emergency is in operation , the words While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation shall be substituted ; ( ii ) in the proviso, for the words where a Proclamation of Emergency , the words where such Proclamation of Emergency shall be substituted ; ( b ) after clause (1) as so renumbered, the following clause shall be inserted , namely: (2) Nothing in clause (1) 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. .