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by The Republic of Antiyard. . 51 reads.

The Constitution: Volume 5

Part 22: Emergency Provisions
Chapter 1: National Emergency
Article 377
  1. If the Federal Council of Ministers is satisfied that there exists a situation in the Nation whereby the security and integrity of the Nation or any part thereof is threatened, may communicate to the President in writing of such a danger, whereupon the President may at his discretion issue a Proclamation of National Emergency in effect throughout the Nation or any part thereof.

  2. Such a Proclamation may be not be issued except in situations including:

    1. War

    2. External Agression

    3. Armed Rebellion

  3. A special session of any House of Parliament must be called within 24 hours if a notice in writing to move a resolution for the disapproval of the Proclamation of Emergency is submitted to the President when the intended House is not in session or the Chairperson of the intended House when it is in session with the signature of not less than ten percent of the members of the intended House.

Article 378
Any Proclamation issued through Article 377 will be discontinued if

  1. the President issues a Proclamation under this Article revoking such a Proclamation.

  2. either of the Houses of Parliament has passed a resolution against such a Proclamation.

  3. either of the Houses of Parliament has failed to approve the continuance of such a Proclamation before the expiry of 30 days from the date of issue of the Proclamation.

  4. either of the Houses of Parliament has failed to approve the continuance of such a Proclamation before the expiry of 30 days from the last resolution approving the continuance of such a Proclamation.

  5. the House of the People is dissolved at or within 30 days of the date of issue of such a Proclamation and fails to reconstitute itself and approve the continuance of such a Proclamation before the end of 180 days of the date of issue of the Proclamation.

  6. the approval in Articles 378.3, 378.4 and 378.5 are not through a resolution tabled for the matter and passed by a majority of two thirds of the total membership of the House.

Article 379
Notwithstanding anything in this Constitution, when a Proclamation of National Emergency is in operation,

  1. the executive power of the Federal Government will extend to directing any Province as to the manner the executive power is to be exercised.

  2. the power of Parliament will extend to making any law under any matter even if it is not enumerated in the List 1 of the Fifth Schedule.

  3. the Federal Council of Ministers may cause Art. Part 16 and Part 17 to any modifications or exceptions it thinks fit.

  4. no Proclamation of Provincial Emergency in any Province will be declared.

  5. no law or Proclamation will alter or amend or repeal Art. Part 3, Part 22 or Part 24 of this Constitution.

Article 380
After the Proclamation of Emergency under Article 377 has ceased to operate,

  1. all laws or Parts of this Constitution modified or deleted during the period when the Proclamation was in effect will continue to operate with the same powers and texts as existed before the Proclamation until altered or repealed or amended according to the provisions of this Constitution when the Proclamation is not in effect.

  2. all administrative decisions taken when the Proclamation was in effect will be modified to reflect the situation before the Proclamation of Emergency as soon as possible but not beyond the end of the financial year until retaken when the Proclamation is not in effect.

Chapter 2: Provincial Emergency
Article 381
If the President, on receipt of a written report from the Governor of a Province is satisfied that a situation has arisen due to which the Government of the Province cannot be carried on according to the provisions of this Constitution, after consultation with the Prime Minister, may issue a Proclamation of Provincial Emergency.

Article 382
Any Proclamation under Article 381 will be discontinued if

  1. the President issues a Proclamation under this Article revoking such a Proclamation

  2. either of the Houses of Parliament has passed a resolution against such a Proclamation

  3. either of the Houses of Parliament has failed to approve the continuance of such a Proclamation before the expiry of 30 days from the date of issue of the Proclamation.

  4. either of the Houses of Parliament has failed to approve the continuance of such a Proclamation before the expiry of 180 days from the last resolution approving the continuance of such a Proclamation.

  5. the House of the People is dissolved on or within 30 days of the date of issue of such a Proclamation and fails to reconstitute itself and approve the continuance of such a Proclamation before the end of 180 days of the date of issue of the Proclamation.

  6. the approval in Articles 382.3, 382.4 and 382.5 are not through a resolution tabled for the matter and passed by a majority of two thirds of the total membership of the House.

  7. 1000 days has elapsed since the issue of the Proclamation.

Article 383
When a Proclamation of Provincial Emergency is in effect,

  1. the President may assume to himself any power the Governor of the Province may exercise.

  2. the Federal Council of Ministers may assume to themselves any power the Provincial Council of Ministers may exercise.

  3. the Parliament may assume to itself any power the Provincial Legislative Assembly may exercise.

  4. the powers exercisable by or the operation of the High Court of that Province cannot be modified through such a Proclamation.

Article 384

  1. All laws that have been taken by competent authorities when the Proclamation was in effect but by which would be incompetent authorities if the Proclamation was not in effect will cease to be in effect as to the extent of the incompetency when the Proclamation has ceased to be in effect, except in situations which have arisen when the law was in effect.

  2. All administrative decisions taken by authorities which would have been incompetent if the Proclamation was in effect will cease to be in effect as soon as the Proclamation ceases to be in effect but not extending in any case beyond the expiration of the current financial year.

  3. The State Legislative Assembly will be reconstituted within the expiry of 180 days of the date the Proclamation ceases to have effect.

Chapter 3: Financial Emergency
Article 385
If the Federal Council of Ministers is satisfied that a situation has arisen whereby the financial stability of the Nation or any part of the territory thereof is threatened, it may communicate to the President in writing of such a threat, whereupon the President may at his discretion, issue a Proclamation of Financial Emergency.

Article 386
Any Proclamation issued through Article 385 will be discontinued if

  1. the President issues a Proclamation under this Article revoking such a Proclamation.

  2. either of the Houses of Parliament has passed a resolution against such a Proclamation.

  3. either of the Houses of Parliament has failed to approve the continuance of such a Proclamation before the expiry of 90 days from the date of issue of the Proclamation.

  4. either of the Houses of Parliament has failed to approve the continuance of such a Proclamation before the expiry of 90 days from the last resolution approving the continuance of such a Proclamation.

  5. the House of the People is dissolved at or within 30 days of the date of issue of such a Proclamation and fails to reconstitute itself and approve the continuance of such a Proclamation before the end of 180 days of the date of issue of the Proclamation.

Article 387
Notwithstanding anything in this Constitution, when a Proclamation of Financial Emergency is in effect,

  1. the executive power of the Federal Government extends to giving of directions to any Province to observe financial propriety as may be specified in the directions, including

    1. provisions requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a Province;

    2. provisions requiring all Money Bills or other Bills to which the provisions of Art. 207 apply to be reserved for the consideration of the President after they are passed by the Provincial Legislative Assembly.

  2. it will be competent for the Prime Minister to direct to reduce salaries and allowances of all or any class of persons serving in connection with the affairs of the nation.

  3. the salaries and allowances of the all persons provided for in the Third Schedule will be reduced by such fraction the Prime Minister may determine.

Part 23: Miscellaneous Provisions
Article 388: Relating to rights of diplomatic representatives

  1. The Federal Government may establish diplomatic relations in the territorial jurisdiction of another entity not subject to this Constitution according to the provisions of this Article.

  2. An Ambassador will be sent and received by the President on the advice of the Prime Minister.

  3. Diplomatic agents who are not Ambassadors will not be sent or received by the President.

  4. If there exists multiple Chancelleries, the order of precedence will begin with the Chancellery of any entity that has taken office earliest.

  5. The Federal Council of Ministers and the other entity will notify each other about the order of precedence within a Chancellery.

  6. A diplomatic agent will not be recognised as such unless entity being represented notifies the Federal Council of Ministers.

  7. All diplomatic agents of a Chancellery

    1. will have protection from arrest or detention on any charge.

    2. will have the right to display symbols of the represented entity.

    3. will have protection from any Proclamation, order or directions of the State.

  8. A Chancellery will

    1. have the right to admit persons, including the representatives of the State.

    2. have the right to employ any person who may or may not be diplomatic agent.

    3. have immunity from taxes directly imposed on the Chancellery except taxes on public commercial activities.

  9. A diplomatic agent at any time may be declared unrecognised on any ground but not before giving 10 days notice to such person.

  10. All bags or containers found on a diplomatic agent or those directed to or from a Chancellery and clearly sealed by the mark of the Chancellery will be prohibited from being detained or searched except when suspected to contain any article not intended for the official use of the Chancellery or the diplomatic agents thereof, such bags being inspected and such articles disposed of in the presence of a diplomatic agent of the Chancellery or his representative.

  11. Nothing in this Article will bar the Federal Council of Ministers from requiring a diplomatic agent to obtain a permit from the Federal Council of Ministers to travel to any area, such permits not being withheld if such areas are international ports.

Article 389

  1. An international port is defined to be any area through which a person may enter or exit into or from the territorial jurisdictions of the Nation.

  2. The Federal Council of Minister may issue notifications subject to the provisions of this Constitution with regard to international ports, including notifications which may proclaim that an Act of Parliament or of a Provincial Legislative Assembly will not apply, except as respects things done or omitted to be done before, or apply subject to such modifications as specified in the notification since a date as may be provided for in the notification.

Article 390

  1. The aquatic jurisdictions of the Nation will not extend beyond 25 kilometres from the terrestrial jurisdiction of the Nation.

  2. The Federal Government will have administrative jurisdiction over aquatic territories.

  3. All vehicles belonging to a citizen but outside the terrestrial jurisdictions of the Nation will display prominently the symbols of the Nation.

  4. No vehicle within the aquatic jurisdictions of the Nation will cruise, sail or navigate without prominently displaying identification symbols.

  5. Any activity of a citizen outside the territorial jurisdictions of any governing entity subject or not subject to this Constitution will be applicable to such regulations the Parliament, by law, may provide.

Article 391

  1. A Declaration of War will be made by the President on the recommendation of the Federal Council of Ministers.

  2. A Declaration of War, to the preference of all other matters being considered when the Parliament is in session or within 3 days of such declaration being made the Parliament will be summoned, and at such a sitting, the declaration of war must be passed by each House by at least two thirds of the total membership of the House.

  3. A Declaration of War must contain the name of the entity war will be waged against.

Article 392

  1. The Parliament, or the Federal Council of Ministers when the Parliament is not in session, may declare martial law in any part of the territory of the Nation.

  2. National or Provincial Emergency will not be proclaimed in any area where martial law is in force.

  3. Parliament, or when it is not in session, the Federal Council of Ministers, may recall martial law at any time.

  4. The Parliament may by law indemnify any person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of the Nation where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Article 393

  1. The Standards of Measurement will be maintained by the Federal Council of Ministers and with the exception of such time that may be required to perform activities to conserve and preserve the Standards, it will remain deposited with the President.

  2. All citizens will use Standard Measurement in all communications with another citizen unless explicitly mentioned otherwise against each value of such measurement.

  3. The Federal Government will produce copies of the Standard Measurements and of fractions thereof for a sum of money that may be required to produce such copy for distribution.

Article 394 Repealed. (Relating to the system of calendar)

Article 395

  1. A census of all residents of the Nation will be taken not more than 25 years after the last census.

  2. The census will be taken by a agency for the purpose having 1 representative from each of the Provincial Governments and 1 from the Federal Government, each representative from the Provincial Governments having 1 vote and the representative of the Federal Government having half of the total number of votes of the Provinces in such agency.

  3. A census will in no form record the response of a identifiable resident.

Article 396 Repealed. (Relating to the system of currency)

Article 397

  1. The President will confer on such person or group of persons, the Presidential Honour, for distinguished service to the Nation or to humanity.

  2. The President, to the exception of all other authorities, may confer such honours as are mentioned below on a person who is deserving of such award

    1. the Diamond Medal, to any person for service to humanity;

    2. the Platinum Medal, to any person for service to the Nation;

    3. the Gold Medal, to any person for such act performed outside of his duties with great risk to himself which protected the Nation or another person from danger;

    4. the Silver Medal, to any person for such act performed outside of his duties with considerable risk to himself which protected the Nation or another citizen from danger.

  3. The President, to the exception of all other authorities, may confer honours on a person for military service.

  4. The President may confer such honours on persons for military service from among

    1. the Commendation of Valour, for such military service that requires from him, the ultimate sacrifice.

    2. the Commendation of Bravery, for such military service that caused considerable damage to the enemy at with peril to life and personal security.

    3. the Commendation of Courage, for such military service that requires his martyrship.

    4. the Commendation of Honour, for such military service that protected the all interests of the Nation.

    5. the Commendation of Duty, for such military service that caused personal injury.

  5. A Governor may confer on any person, an award, for such act as has not been already been awarded by the President.

Article 398
In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them

  1. "he" means suitable pronoun that is required to be used to denote the person referred to in its use.

  2. "Article means an article of this Constitution.

  3. “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law.

  4. "population" means the population ascertained at the last preceding census of which the relevant figures have been published.

  5. "net proceeds” means in relation to any tax or duty the proceeds thereof reduced by the cost of collection.

Part 24: Amendment of this Constitution
Article 399
Notwithstanding anything in this Constitution, Parliament may exercise its constituent power to amend by way of adding or altering or repealing any single provision of this Constitution by each amendment.

Article 400
For amendment of any of the provisions of

  1. article 73;

  2. Part 9;

  3. Part 13;

  4. Part 16;

  5. Part 17;

  6. Part 22;

  7. Part 24;

  8. Fourth Schedule

  9. Fifth Schedule

each House of Parliament will require to pass a Bill for the purpose by a majority of two thirds of the total membership of the House and thereafter be passed by not less than half the number of total Provincial Legislative Assemblies before such Bill is presented to the President for assent.

Article 401
For amendment of any of the provisions of

  1. Part 10;

  2. Part 11;

  3. Part 12;

  4. Part 14;

each House of Parliament will require to pass a Bill for the purpose which will thereafter be passed by not less than half of the total number of Provincial Legislative Assemblies before such Bill is presented to the President for assent.

Article 402
For amendment of any of the provisions of

  1. Part 3;

  2. Part 15;

  3. Part 21;

each House of Parliament will require to pass a Bill for the purpose by a majority of two thirds of the total membership of the House before such Bill is presented to the President for assent.

Article 403
Subject to the provisions of the Article 400, Article 401 and Article 402, any amendment to the Constitution will be through a Bill passed by the Parliament and assented by the President.

Article 404
No amendment to this Constitution will be considered to be inconsistent with any of the provisions of this Constitution for the purpose of Article 27.

The Republic of Antiyard

Edited:

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