EMERGENCY PROVISIONS

EMERGENCY PROVISIONS
Emergency provisions were made in Constitution to safeguard and protect the security, integrity and stability of the country and effective functioning of State Governments.

There are 3 types of emergencies.

1. National Emergency (Article 352)

Declared by the President of India if he is satisfied that the situation is very grave and the security of India or any part thereof is threatened or is likely to be threatened either by war or by armed rebellion within the country.

Proclamation of emergency has to be approved by both the Houses of Parliament by absolute majority of the total membership of the Houses as well as 2/3 majority of members present and voting within one month.

In case the Lok Sabha stands dissolved at the time of proclamation of emergency or is not in session, it has to be approved by the Rajya Sabha within one month and later on by the Lok Sabha also within one month of its next session.

Once approved by the Parliament, the emergency remains in force for a period of 6 months from the date of proclamation.

In case it is to be extended beyond 6 months, another prior resolution has to be passed by the Parliament.

National Emergency has been declared in our country 3 times

1. 26 October 1962 - 10 January 1968(When China attacked our borders in the North East)

2. 3 December 1971 - 21 March 1977(Second India- Pakistan War) - threatened by external aggression

3. 25 June 1975 - 21 March 1977(Internal Emergency by Indira Gandhi) - threatened by internal disturbances

Effects

• The federal form of the Constitution changes into unitary. The authority of the Centre increases and the Parliament assumes the power to make laws for the entire country.
• The President can issue directions to the states as to the manner in which the executive power of the states is to be exercised.
• During this period, the Lok Sabha can extend its tenure by a period of one year at a time. But the same cannot be extended beyond six months after the proclamation ceases to operate.
• The tenure of State Assemblies can also be extended in the same manner.
• The Fundamental Rights under Article 19 automatically suspended. But according to the 44th Amendment, Freedoms listed in Article 19 can be suspended only in case of proclamation on the ground of war or external aggression.

2. State Emergency (President’s Rule) ( Article 356)

The President may issue a proclamation to impose emergency in a state if he is satisfied on receipt of a report from the Governor of the State.

Approval must be given within 2 months; otherwise the proclamation ceases to operate.

If approved by the Parliament, the proclamation remains valid for 6 months at a time. It can be extended for another six months but not beyond one year.

It will be possible if,

(a) National Emergency is already in operation;

(b) The Election Commission certifies that the election to the State Assembly cannot be held.

It was in 1951 that this type of emergency was imposed for the first time in the Punjab.

President’s Rule in Andhra Pradesh

15 November 1954 - 29 March 1955Loss of Majority. (In Andhra state)

18 January 1973 -10 December 1973Break down of Law & Order due to Jai Andhra Agitation, in P. V. Narasimha Rao's tenure.

28 February 2014 - 8 June 2014Protest against Parliament passing AP Reorganization Bill to bifurcate united Andhra Pradesh and create a separate Telangana State.

President's rule revoked from Telangana areas on 2 June 2014 and bifurcated Andhra Pradesh areas on 8 June 2014.

Effects

• The President can assume to himself all or any of the functions of the State Government or he may vest all or any of those functions with the Governor or any other executive authority.
• The President may dissolve the State Legislative Assembly or put it under suspension.

3. Financial Emergency (Article 360)

If the President is satisfied that the financial stability or credit of India or any of its part is in danger, he may declare a state of Financial Emergency.

It must be approved by both Houses of Parliament within two months.

Effects

• The Union Government may give direction to any of the States regarding financial matters.
• The President may ask the States to reduce the salaries and allowances of all or any class of persons in government service.
• The President may ask the States to reserve all the money bills for the consideration of the Parliament after they have been passed by the State Legislature.
• The President may also give directions for the reduction of salaries and allowances of the Central Government employees including the Judges of the Supreme Court and the High Courts.

Fortunately, financial emergency has never been proclaimed.