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Chapter 11. Emergency Provisions (Polity & Constitution of India Notes)


➤ The President is empowered to promulgate three kinds of emergencies—
1. On the ground of threat to the security of India by a war or an external aggression or an Armed rebellion (Article 352).
2. On the ground of failure of the constitutional machinery in a state (Art. 356)
3. Financial Emergency (Art. 360)
National Emergency (Article 352)
➤ If the president is satisfied that a grave emergency exists where by the security of India or of any part of the territory thereof is threatened, whether by a war or an external aggression or an armed rebellion, he may proclaim a state of emergency for the whole of India or a part thereof.
➤ A proclamation of emergency can be made by the president even before the actual occurance of war or external aggression or armed rebellion if he is satisfied that there is an imminent danger.
➤ Such a proclaimation of emergency can be varied or revoked by the president subsequently.
➤ The president can issue a proclamation of emergency only when the decision of the union cabinet is conveyed to him only in written.
➤ This proclamation is subject to judicial review and its constitutionality can be questioned in a court of law on the grounds of ➤ The proclamation of emergency must be approved by the parliament within the period of one month. If it is approved it will continue for six months.
➤ It can be extended for an indefinite period with an approval by the parliament for every six months.
➤ It has been proclaimed three times so far—1962, 1971 and 1975.
➤ President can suspend the operation of Fundamental Rights during this type of emergency (Except
Art. 20 & 21) ➤ Article 19 can only be suspended in case of external emergency and not in the case of internal emergency.
Effects of the proclamation of Emergency
➤ During emergency the president is empowered to issue directions to the states as to the manner in which their executive power is to be exercised.
➤ During emergency, the parliament can enact laws even on the subjects enumerated under the state list.
➤ Distribution of the power is suspended.
➤ Parliament can extend the life of the Lok Sabha beyond the five year term for a period not exceeding one year at a time.
➤ The life of the state legislative Assemblies can also be extended, by law, by the parliament in a similar manner.
➤ The citizens can’t move the courts for this.
➤ The other fundamental Rights may be suspended.
➤ Article 20 & 21 can’t be suspended.
State Emergency (Article 356)
➤ If the president, on receipt of report from the Governer of state situation has arisen in which the government of the state can’t be carried on in accordance with the provisions of this constitution, he may issue a proclamation.
(a) assume to himself all or any of the functions of the Government of the state and all or any of the powers vested in or exercisable by the governor.
(b) declare that the powers of the legislature of the state shall be exercisable by or under the authority of parliament.
(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending in whole or in part of the operation of any provisions of this constitution relating to any body or authority in the state.
➤ The parliament can confer on the president the power to make laws for the state.
➤ If the Lok Sabha is not in session, the president may authorise expenditure from the consolidated fund of the state, pending sanction of such expenditure by the parliament.
➤ The proclamation of the president’s rule should be approved by the parliament within two months.
➤ If approved, it remains in force for six months from the date of proclamation of the state emergency.
➤ It can be extended for a maximum period of three years with the approval of the parliament every six months.
Financial Emergency (Article 360)
➤ The president can proclaim financial emergency if he is satisfied that the financial stability or the credit of India or any part there ➤ Such a proclamation must be approved by the parliament within two months.
➤ During financial emergency, the president can issue directions for the reduction of salaries and allowances of all or any class of persons serving under the state.
➤ Once approved it remains in force till revoked by the president.
➤ No Emergency under Article 360 has been issued so far.

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