Fri. Sep 13th, 2024

जाने क्या है इमरजेंसी प्रोविजन ? विस्तार से समझेंगे आर्टिकल 352

5 years ago Neha Singh

भारत के संविधान में अनुच्छेद 352, 356 और 360 के राष्ट्रपति किसी भी खतरे के समय पर देश में इमरजेंसी लगा सकते है .भारत के राष्ट्रपति को संविधान में जो शक्तियां दी गयी हैं, उन्हें आपातकालीन प्रावधान कहा जाता है.

आपातकालीन प्रावधान में संविधान के तहत तीन आपातकालीन शक्तियां है

राष्ट्रीय आपातकाल अनुच्छेद 352 में आता है जिसमे यह सभी नियम है

1.यदि देश के राष्ट्रपति को लगता है कि भारत की सुरक्षा या किसी भी हिस्से को खतरा है तो वो पूरे भारत में राष्ट्रीय आपातकाल की घोषणा कर सकते है

2. राष्ट्रपति द्वारा इस आपातकाल की घोषणा को कभी भी रद्द किया जा सकता है

3. अनुच्छेद 352 के तहत बनाए गए आपातकाल की उद्घोषणा न्यायिक समीक्षा के अधीन हो सकती है और इसकी संवैधानिक रूप से न्यायालय में पूछताछ की जा सकती है.

4. उद्घोषणा को संसद के दोनों सदनों द्वारा एक महीने के अंदर मंजूरी दी जानी चाहिए .

राज्य आपातकाल अनुच्छेद 356 में आता है जिसमे यह सभी नियम है

1. अनुच्छेद 356 यह प्रदान करता है कि यदि राष्ट्रपति, राज्य की सरकार से रिपोर्ट प्राप्त करने पर इस बात से संतुष्ट हो जाए कि राज्य सरकार संविधान के प्रावधानों को नहीं अपना सकती तो राष्ट्रपति उस राज्य पर आपातकाल की घोषणा कर सकते है

2. इस उद्घोषणा के द्वारा, राष्ट्रपति राज्यपाल में सभी शक्तियों में से किसी एक को मान सकता है और यह घोषणा कर सकता है कि राज्य की विधायिका की शक्तियाँ संसद द्वारा प्रयोग करने योग्य है.

3. अनुच्छेद 356 के तहत जारी उद्घोषणा संसद के दोनों सदनों के समक्ष रखी जानी चाहिए.यदि दोनों सदनों द्वारा उद्घोषणा को मंजूरी नहीं दी जाती है तो यह दो महीने में समाप्त हो जाती है .

वित्तीय आपातकाल जो की अनुच्छेद 360 के तहत आता है जिसमे यह नियम दिए गए है.

1.अनुच्छेद 360 में कहा गया है कि यदि राष्ट्रपति को वित्तीय स्थिरता , भारत के ऋण या उसके किसी भाग को खतरा नज़र आता है तो वो वित्तीय आपातकाल की स्थिति की घोषणा कर सकते हैं .

2.अनुच्छेद 360 के तहत जारी एक उद्घोषणा दो महीने तक लागू रहती है जब तक कि अवधि समाप्त होने से पहले इसे संसद के दोनों सदनों द्वारा मंजूरी न दी जाए

3. यह आपातकाल तब तक लागू रहता है जब तक इसे राष्ट्रपति खुद वापस ने ले.

4. अनुच्छेद 360 के तहत आज तक कोई वित्तीय आपातकाल कि घोषणा नहीं हुई है.

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