Indian Polity Types of Emergencies

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Indian Polity Types of Emergencies

Important Questions based on Indian Polity Types of Emergencies

Emergency Provisions ( Article 352 -360)

There are three types of emergencies-

  1. National Emergency ( article 352)-

    1. If the president is Satisfied that there exists threat to security of India due to war, external aggression or armed rebellion, He Shall impose emergency on the whole or any part of India by issuing a proclaimation.
    2. Such a proclamation should be passed by both the Houses by Special majority within 1 month of its Issue.
    3. The period of Emergency is Six months.
    4. The Period can be Extended for any no. of times but always in the units of Six Months until revoked by the president.

          Effects of National Emergency-

  1. The State Governments become bound to follow executive direction of Union Government : Unitary  System.
  2. State legislation comes under legislation of parliament .
  3. In the time of Emergency, the State list becomes the concurrent list.
  4. Article 19 (Fundamental Rights) are automatically suspended at the time of Emergencies. (But not in case of Armed Rebellion).
  5. Article 20 and Article 21 are never suspended , not even in Emergencies.
  6. Other Articles may be suspended by the Order of President.
  7. The first Emergency was Declared on 20th oct, 1962 during Indo-China War.
  8. Second Emergency was Declared on 3rd December, 1971 during Indo-pak war.
  9. Third Emergency was Declared in June, 1975 ( It was Internal Emergency).
  10. The Emergency is declared by the president on the advice given by Prime minister in Written Form and Signed by the cabinet.

  

State Emergency  (President’s Rule)-

Article 356:

  1. It is declared when there is Failure of Constitutional machinery in a State.
  2. If the president is satisfied on the report of governor or otherwise that a State cannot be run as per the provisions of the Constitution, he shall assume the powers of the State by issuing a proclamation.
  3. Such a proclamation should be passed by both the houses by simple majority within two months of its issue.
  4. The period of emergency is of 6 months, it can be extended for next six months and the next  extension will be for two years (4*6 =24 months).
  5. In this, the Election commission certifies that elections cannot be held in the State Assembly.

Effects of State Emergency-

  1. State Govt. is dismissed and Rajya (State) is run in the name of president, Union Govt and Governor.
  2. The State Assembly is either dissolved or put under suspended Animation
  3. State law is made by the Parliament.
  4. The State list becomes the Union list.
  5. There are no effects on Fundamental rights.

 

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