The Constitution of India provides for three kinds of Emergency-
- National emergency- Article 352
- State Emergency or Presidents Rule- Article 356
- Financial Emergency- Article 360
The provision regarding Emergency is contained in Part 18 and from articles 352-360.
This provision has been borrowed from the Constitution of Germany.
We will discuss National Emergency (Article 352) in this article and what does the Constitution say regarding it and what happens in such a state. The other emergencies will be discussed in a separate article.
So, what is a National Emergency?
A national emergency can be declared when the security of India or a part of it is threatened due to-
- external aggression or
- armed rebellion
Who can proclaim such an Emergency?
- The President can declare an Emergency only on the written advice of the Cabinet (44th Amendment, 1978).
- Every Proclamation of Emergency shall be laid down before the Rajya Sabha and the Lok Sabha must be approved within one month from its date of issue.
- If approved by both the houses, then it shall continue for 6 months and can be renewed again by approval of Parliament after every 6 months. This renewal can take place many times.
What happens during a National Emergency?
During a National Emergency
- State Governments are under the control of the Union, but are not suspended.
- The state executive and legislature continue to function,but the Parliament can make law on any of the State Subjects. These laws become inoperative after 6 months of the emergency ends.
- President may by order, direct the allocation of financial resources between the Union and the Statesto be modified.
- According to Article 358– As soon as National Emergency is proclaimed, the six Fundamental Rights under Article 19 (such as freedom of speech or expression) are automatically suspended and no separate order is required.
- Article 359 allows thePresident by order, to suspend the right to move the court for enforcement of such Fundamental Rights as mentioned in the order. The FR is not suspended, but their enforcement is. The exception to this is- Articles 20 and 21.
- The President can revoke the proclamation of an Emergency at any time
- The President has to revoke the proclamation if Lok Sabha passes a resolutionfor its discontinuance. This can be done by a simple majority.
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