_Kinds of Emergency under India Constitution_

somyajeet

Some Facts

==============

*-     The President himself is the sole judge to determine whether an emergency has arisen or not and his satisfaction in declaring emergency is not justifiable.

1.   National Emergency (Article 352)

- The President can declare emergency only when he is satisfied that there is a grave danger to the security to the nation either from external aggression or armed rebellion.

- He can declare emergency even before anything serious actually takes place if he is satisfied that there is an imminent danger thereof.

- The Parliament acquires power to frame laws regarding the subjects mentioned in the State List.

- The Parliament can issue direction to any State regarding the conduct of executive business.

- The President can modify the distribution of revenue between the Union and the States; this means that the suspension of internal autonomy of the different States.

- The President can suspend the Fundamental Rights and their constitutional guarantees, given in Articles 19 and 32.

N: No citizen can then have the right to move a court of law for the enforcement of these rights.

- The proclamation of emergency as stated abovee needs to be approved by the Parliament voting separately in both the Houses within two months from the date of proclamation.

If the Lok Sabha is dissolved before the expiry of this period of two months, the proclamation must be approved by the Rajya Sabha within two months and by the Lok Sabha 30 days after the first date of meeting after its re-election.

- The Constitution does not place any time limit on the period for which this emergency is to continue once it is approved by the Parliament but it has to be got approved by the Parliament every six months.

N: It will continue till it is revoked by a subsequent proclamation.

N: An emergency was declared by the President on October 6, 1962 in the wake of China's attack on India which was lifted in January 1968.

N: Again an emergency was declared by the President on December 3, 1971 following Pakistan's treacherous attack on Indian air bases in the Eastern and Western Sectors.

N: The second type of emergency due to internal disturbance was declared on June 26, 1975.

Both the emergencies were lifted in March 1977.                                                                          

2. Constitutional Emergency (Article 356)

- If the President is satisfied either on the recommendation of the Governor or at his own that the Government of a particular State cannot be carried on in accordance with the Consitution, he may declare emergency in that State.

Under such emergency the President may assume to himself any or all functions of the Government of the State concerned and all or any of the powers of the Governor of the State.

- The President may declare that the powers of the State legislature shall be exercisable by the Parliament.

- The President may suspend the Constitution relating to any authority in the States except that he cannot assume any of the powers of the High Court.

- The President may dissolve the State Legislature and dismiss the State Council of Ministers.

- Emergency ceases to be effective after two months unless approved by the Parliamnet in the meanwhile.

N: Emergency can't be issued for more than one year at a time but it can be extended every year, up to a maximum period of three years.

All extensions to the life of such a proclamation must be approved by the Parliament.

3.  Financial Emergency (Article 360)

- The President may declare financial emergency if he is satisfied that there is threat to financial stability or credit of the country as a whole or a part thereof.

N: The President may give diections to any State as he may deem fit and ask it to observe certain canons of financial propriety.

- The President may order reduction in the salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts.

- The President may ask a State to submit before him all Money Bills for his assent after they are passed by the State legislature.

- Emergency will expire after a period of two months unless approved by Parliament.

N: Emergency can be extended by one year at a time and the maximum lease of this type of emergency is three years.

(Source: General Knowledge Today_November 2016, Pg.126-27)

                                                                            -*-