Emergency provisions in India
Emergency provisions are adopted in India from Weimar Constitution
of Germany. In Indian constitution there are three kind of emergency
provisions:
(1) Article 352 – National Emergency
(2) Article 356 – President’s Rule
(3) Article 360 – Financial Emergency
National Emergency (Article 352)
If the President is satisfied that there exist a grave emergency
whether due to war or external aggression or armed rebellion, then President
can proclaim emergency to that effect. Such a
proclamation
can be made for the whole of India or any part thereof. The President can
proclaim National Emergency only on the written advice of the Cabinet. The
President has power to revoke or modify the National Emergency. All such
proclamations of Emergency shall have to be sent to Parliament for approval and
it ceases to be operational if not approved within 1 month of the proclamation
of Emergency. Such approval by Parliament is to be on the basis of Special
Majority of not less than 2/3rd of members present and voting and the majority
of the House. Emergency shall be imposed for not more than 6 months from the
date of approval. At the expiry of 6 months it ceases unless approved by
Parliament again. If Lok Sabha is dissolved then proclamation of Emergency, it
must be approved by the Rajya Sabha within 1 month and reconstituted Lok Sabha
must approve within 1 month of its reconstitution. Lok Sabha enjoys powers to
disapprove continuation of Emergency at any stage. In such case if not less
than 1/10th of members (55) of Lok Sabha give in writing to the Speaker if Lok
Sabha is in session or to the President if Lok Sabha is not in the session,
expressing intention to more resolution for the disapproval of National
Emergency.
Then special session of Lok Sabha shall be convened within 14
days. If Lok Sabha disapproves continuance of National Emergency then President
shall have to revoke National Emergency.
Emergency in States on President’s Rule (Article
356)
Under Article 356 if the President is satisfied on the report of
Governor or otherwise that there exists a grave situation in a State where the
administration of the State cannot be carried out in accordance with provisions
of Constitution, than he can:
(a) Takeover the administration of the State himself and
(b) Notify that the Parliament shall exercise jurisdiction over
State
subject for the State concerned, the President cannot take over
the powers conferred on the High Courts of State concerned. Every proclamation
made under Article 356 ceases to be in operation unless approved by both Houses
of the Parliament within 2 months after its proclamation. Once, approved by
Parliament, Emergency shall be enforced for not more than 6 months
from the date of proclamation by the President. Such an approval by the
Parliament needs only simple Majority. If Lok Sabha stands dissolved then Rajya
Sabha shall have to approve it within 2 months and Lok Sabha shall approve it
within 1 month of its reconstitution. However, Parliament can extend it for a
further period of 6 months only. If it has to approve beyond 1 year then two
conditions shall have to be satisfied. There shall be National Emergency in
force either in whole of the State concerned on in part thereof. Election
Commission is satisfied that under prevailing conditions general election to
State Legislative Assembly of the State concerned cannot be held. But under no
circumstances, State Emergency cannot be extended beyond 3 years. To extend it
further, constitutional amendment is required.
Financial Emergency
Under Article 360 the President enjoys the power to proclaim the
financial Emergency. If he is satisfied that a situation has arisen that
financial stability and credit of India or any part thereof is threatened he
may proclaim emergency to that effect. All such proclamations.
(a) Can be varied or revoked by the President.
(b) Financial Emergency must be approved by the Parliament
within 2 months after its proclamation. Once it is approved, it
will remain till the President revokes it.
Effects of Financial Emergency
(1) President is empowered to suspend the distribution of
financial resources with States.
(2) President can issue directions to States to follow canons of
financial propriety.
(3) He can direct State Govt. to decrease salaries allowances of
Civil Servants and other Constitutional dignitaries.
(4) President can direct the Govt. to resume all the financial and
Money Bills passed by legislature for his
consideration. The President can issue directions for the
reduction of salaries and allowances of Judges of the Supreme Court and the
High Courts.
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