Emergency Provisions and Federal Structure

 

In India, a state of emergency is a period of government that can be declared by the President of India in certain emergency situations. Many provisions of the Constitution, which guarantee Fundamental Rights to Indian citizens, can be overruled by the President on the advice of his cabinet of ministers. Part XVIII of the Indian Constitution, from Article 352 to 360, contains the emergency provisions. These provisions enable the central government to effectively respond to any unusual situation. The incorporation’s rationale is to protect the country’s sovereignty, unity, integrity, and security, as well as the democratic political system and the Constitution.

According to the Constitution, There are three types of emergencies listed in the Constitution:

  1. National Emergency (Art.352)

War, external aggression, or armed rebellion can all trigger a national emergency. The term “proclamation of emergency” is used in the Constitution to describe such a situation.

Declaratory grounds: When the security of India or a part of it is threatened by war, external aggression, or armed rebellion, the president can declare a national emergency under Article 352.

Even before a war, armed rebellion, or external aggression occurs, the President can declare a national emergency.

  1. State Emergency (Art. 356)

It is the responsibility of the Union Government to ensure that a State’s governance is carried out in accordance with the Constitution’s provisions. Under Article 356, the President may issue a proclamation declaring a state of emergency if he is satisfied, after receiving a report from the state’s governor or otherwise, that a situation has arisen in which the state’s government cannot function that a situation has arisen in which the state’s government cannot function properly. The President’s declaration of emergency in such a situation is known as a “proclamation on account of the failure (or breakdown) of constitutional machinery.” In layman’s terms, it’s known as the President’s Rule.

  1. Financial Emergency (Art. 360)

Article 360 empowers the president to declare a Financial Emergency if he believes a situation has arisen that jeopardizes India’s financial stability or credit in any part of its territory. Approval by both Houses of Parliament and duration: A proclamation declaring a financial emergency must be approved by both Houses of Parliament within two months of the date of the proclamation. However, if the proclamation of Financial Emergency is issued while the Lok Sabha is dissolved, or if the Lok Sabha is dissolved during the two-month period without approving the proclamation, the proclamation remains in effect until 30 days after the Lok Sabha is reconstituted, provided the Rajya Sabha has not been dissolved in the interim.

 

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