Emergency provisions in indian constitution.


*Provision of Emergency*


Emergency provision in indian constitution.


1) Emergency means a failure of social system to deliver reasonable conditions of life.


2) it mean some circumstances arise suddenly that needs immediate action by public authority.


3) part-18th of Indian Constitution contain emergency provision.


4) emergency provision are borrowed from co constitution Germany.


 In India president has the authority to declare Three Types of emergency.


1) National Emergency 

2) State Emergency 

3) Financial Emergency


  

   National Emergency :-

Art-352 of Indian Constitution deals with national emergency.


2) when the president is not satisfied with the security of India, where there is any threat of War, external aggression or armed rebellion, then he may impose national emergency.


3) it can be declared over the entire territory of India or any part there of.


         Procedure :-


1) it is imposed after receiving a written requested by The council of minister headed by Prime Minister.


2) the proclamation must be approved by both the house of the Parliament.


3) a special majority is required to approve an emergency resolution.


4) the proclamation of National Emergency make continue for a  period of 6 month.


5)  the president may revoke it any time.


6) for further continuance  of emergency a resolution should be passed by either house of the Parliament. 


7) special majority of not less than 2/3rd member of the house is required.


          *Effects*


1) proclamation of National Emergency provides full fledged control to the unitary government.


2) six fundamental rights mentioned under article 19 are suspended.


3) the president may suspend rights to move to the courts for enforcement of fundamental rights that is article 32 and 226.


4) the proclamation of National Emergency is subject to Judicial review.


5) its constitution validity can be challenged in a court of law.


       *State Emergency*


1) article 356 of Indian Constitution deals with state emergency.


2) when the president is satisfied on governor's report that the situation has aries when the government can't be carried in according with the constitutional provision [ Breakdown of law & order,  administration, political, instability, corruption ] then he may impose state emergency.


         *Procedure*


1) it is imposed after receiving a report from the governor.


2) the proclamation must be approved both the house of the Parliament within two  months after the proclamation.


3) special majority is required to approve an emergency resolution.


4) the proclamation of state emergency may  continue for a period of six months.


5) it can be request for further extended by the parliament.

      

            *Effects*


1) all the executive power come in the hand of president.


2) the state assembly is either dissolved suspended.


3) the union government has absolute control over the state except the judiciary.


4) the proclamation of state emergency is i subject to Judicial review.


5) its constitution validity can be challenged in a court of law.


      *Financial Emergency*

 

1) Article 360 of Indian constitution deals with financial emergency.


2) when the president is satisfied that the financial stability of India is threatened, then he may impose financial emergency. 

     

            *Procedure*


1) the proclamation must be approved by both the house of the Parliament with in two months after the proclamation.


2) the proclamation of financial emergency remain in force still revoked by the president.


            *Effects*


1) all the executive power comes in the hand of president.


2) the president make give direction to reduce salary or allowance of person serving the state or Union including judges of supreme court.


3) all money bill or financial bill are kept reserved for the consideration of president.

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