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National Emergency and State Emergency (President's Rule)

National Emergency and State Emergency (President's Rule) 

1. Introduction to Emergencies in India

The Indian Constitution provides for emergency provisions to safeguard the sovereignty, integrity, and security of the country, as well as to maintain law and order and ensure the functioning of constitutional machinery. These provisions enable the central government to take necessary actions during extraordinary situations.

There are three types of emergencies envisaged in the Constitution:

  1. National Emergency (Article 352)

  2. State Emergency or President's Rule (Article 356)

  3. Financial Emergency (Article 360)

In this discussion, we will focus on the first two: National Emergency and State Emergency.

2. National Emergency (Article 352)

2.1. Meaning and Grounds

A National Emergency can be proclaimed by the President of India under Article 352 when the security of India or any part thereof is threatened by:

  • War

  • External Aggression

  • Armed Rebellion

Originally, the term used was "internal disturbance," but it was replaced with "armed rebellion" by the 44th Amendment in 1978 to prevent misuse due to the vagueness of the term.

2.2. Procedure for Proclamation

  • Cabinet Recommendation: The President can proclaim a National Emergency only upon receiving a written recommendation from the Union Cabinet.

  • Parliamentary Approval: The proclamation must be approved by both Houses of Parliament within one month. (Constitution of India)

  • Duration and Extension: Once approved, the emergency remains in force for six months and can be extended indefinitely with parliamentary approval every six months.

2.3. Effects of National Emergency

  • Centralization of Power: The federal structure becomes unitary, with the central government gaining the authority to legislate on subjects in the State List.

  • Suspension of Fundamental Rights: Certain fundamental rights, especially those under Article 19, are suspended. However, rights under Articles 20 and 21 cannot be suspended. (Wikipedia)

  • Extension of Parliament's Term: The term of the Lok Sabha can be extended by one year at a time during the emergency.

2.4. Historical Instances

India has experienced National Emergency three times:

  1. 1962: Due to the Indo-China war.

  2. 1971: During the Indo-Pakistan war.

  3. 1975-1977: Declared by Prime Minister Indira Gandhi citing internal disturbances, leading to significant political and civil liberties implications.

3. State Emergency or President's Rule (Article 356)

3.1. Meaning and Grounds

Under Article 356, the President can impose President's Rule in a state if he is satisfied that the state's constitutional machinery has failed. This usually occurs when:

  • No party secures a majority in the state legislature.

  • The ruling party loses its majority and no alternative government can be formed.

  • There is a breakdown of law and order.

The provision allows the President to take over the functions of the state government and the powers vested in the Governor or any other executive authority in the state. (Next IAS)

3.2. Procedure for Imposition

  • Governor's Report: The state's Governor sends a report to the President recommending the imposition of President's Rule.

  • Presidential Proclamation: Based on the report, the President issues a proclamation.

  • Parliamentary Approval: The proclamation must be approved by both Houses of Parliament within two months.

3.3. Duration and Extension

  • Initial Period: President's Rule is imposed for six months.(Unacademy)

  • Extension: It can be extended for a maximum of three years, with parliamentary approval every six months.

  • Conditions for Extension Beyond One Year:

    • A National Emergency must be in operation.

    • The Election Commission must certify that elections cannot be held in the state.

3.4. Effects of President's Rule

  • State Legislature: The state legislative assembly is either dissolved or suspended.

  • Executive Authority: The President assumes the executive authority of the state, which is exercised through the Governor.

  • Parliament's Role: Parliament assumes the power to legislate on state subjects.(Wikipedia)

3.5. Criticism and Misuse

Article 356 has been criticized for its potential misuse to dismiss state governments led by opposition parties. The Sarkaria Commission recommended that it should be used sparingly and as a last resort.

4. Comparison Between National Emergency and State Emergency

Aspect National Emergency (Article 352) State Emergency (Article 356)
Grounds War, external aggression, armed rebellion Failure of constitutional machinery in a state
Scope Entire country or part thereof Specific state
Authority President on Cabinet's advice President on Governor's report
Parliamentary Approval Within one month Within two months
Duration Six months, extendable indefinitely Six months, extendable up to three years
Effect on Federalism Centralizes power, unitary features dominate State's autonomy suspended, central control imposed

5. Conclusion

The emergency provisions in the Indian Constitution are designed to protect the nation's integrity and ensure governance during extraordinary situations. While they grant significant powers to the central government, their misuse can undermine democratic principles and federalism. Therefore, it's crucial to exercise these provisions judiciously, with adequate checks and balances to prevent potential abuse.

References:

  • National Emergency (Article 352) - NEXT IAS (Next IAS)

  • President Rule in India (Article 356) - NEXT IAS (Next IAS)

  • The Emergency (India) - Wikipedia (Wikipedia)


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More Information 

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National Emergency under Article 352 of the Indian Constitution

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1. Introduction to National Emergency

The Indian Constitution provides for emergency provisions to safeguard the nation's sovereignty, integrity, and security. Among these, National Emergency is outlined in Article 352. This provision empowers the President of India to declare a national emergency if the security of India or any part thereof is threatened by:

Originally, the term used was "internal disturbance," but it was replaced with "armed rebellion" by the 44th Amendment in 1978 to prevent misuse due to the vagueness of the term. (Next IAS)

2. Grounds for Proclamation

A National Emergency can be proclaimed under the following circumstances:

  • War: When there is a formal declaration of war against India by another country.(Compass by Rau's IAS)

  • External Aggression: When there is an unprovoked attack or aggression by another country without a formal declaration of war.

  • Armed Rebellion: When there is an armed uprising or rebellion within the country that threatens its security.

The President can declare a National Emergency if he is satisfied that such a threat exists. This declaration can be made even before the actual occurrence of war, aggression, or rebellion if there is an imminent danger. (Constitution of India)

3. Procedure for Proclamation

3.1. Presidential Proclamation

The President issues a proclamation declaring a National Emergency.

3.2. Parliamentary Approval

  • The proclamation must be approved by both Houses of Parliament within one month from the date of its issue.

  • If the Lok Sabha is dissolved at the time of proclamation, the Rajya Sabha must approve it within one month, and the newly elected Lok Sabha must approve it within 30 days of its first sitting.

3.3. Duration and Extension

  • Once approved, the emergency remains in force for six months.

  • It can be extended indefinitely with parliamentary approval every six months.

  • Each extension requires approval by both Houses of Parliament by a special majority (i.e., a majority of the total membership and a majority of not less than two-thirds of the members present and voting).

4. Effects of National Emergency

4.1. Impact on Fundamental Rights

  • During a National Emergency, certain Fundamental Rights under Article 19 are automatically suspended.

  • The President can also suspend the right to move any court for the enforcement of Fundamental Rights (except Articles 20 and 21).

4.2. Centralization of Power

  • The federal structure of the country becomes unitary.

  • The Parliament gains the power to legislate on any subject in the State List.

  • The President can issue directions to the states regarding the manner in which their executive power is to be exercised.

4.3. Extension of Parliament's Term

  • The term of the Lok Sabha can be extended by one year at a time during the emergency.

  • However, this extension cannot continue beyond six months after the emergency has ceased to operate.

5. Revocation of National Emergency

  • The President can revoke a National Emergency at any time by issuing a subsequent proclamation.

  • The emergency can also be revoked if the Lok Sabha passes a resolution disapproving its continuation. (Unacademy)

6. Historical Instances of National Emergency in India

6.1. 1962 – Indo-China War

  • Declared due to Chinese aggression in NEFA (now Arunachal Pradesh).

  • Remained in force until 1968.

6.2. 1971 – Indo-Pakistan War

  • Declared due to the war with Pakistan leading to the creation of Bangladesh.

  • This emergency was in effect until 1977.

6.3. 1975 – Internal Disturbance

  • Declared by Prime Minister Indira Gandhi citing internal disturbances.

  • This period is often referred to as "The Emergency" and lasted from June 25, 1975, to March 21, 1977.(Wikipedia)

  • During this time, civil liberties were suspended, opposition leaders were arrested, and the press was censored. (Wikipedia)

7. Safeguards and Judicial Review

  • The 44th Amendment Act of 1978 introduced safeguards to prevent misuse of emergency provisions.

  • It made the President's proclamation of emergency subject to judicial review.(Drishti Judiciary)

  • The term "internal disturbance" was replaced with "armed rebellion" to provide clarity and prevent misuse.

8. Conclusion

The National Emergency provision is a powerful tool available to the central government to ensure the security and integrity of the nation during extraordinary situations. However, its misuse can lead to the erosion of democratic principles and fundamental rights. Therefore, it is essential to exercise this provision with utmost caution, ensuring that the spirit of the Constitution and the rights of citizens are upheld.

References:

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State Emergency under Article 356 of the Indian Constitution

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1. Introduction to State Emergency

The Indian Constitution provides for emergency provisions to address extraordinary situations threatening the governance of the country. One such provision is the State Emergency, commonly known as President's Rule, outlined in Article 356. This provision empowers the President of India to assume control over a state's administration when its constitutional machinery fails.(apnilaw.com, Drishti Judiciary)

2. Constitutional Provisions

2.1. Article 356: Failure of Constitutional Machinery in States

Article 356 allows the President to impose President's Rule in a state if he is satisfied that the state's governance cannot be carried on in accordance with the provisions of the Constitution. This satisfaction can be based on a report from the state's Governor or other sources.(Wikipedia, BYJU'S)

2.2. Article 365: Failure to Comply with Union Directions

Article 365 states that if a state fails to comply with or give effect to directions from the Union government, it is deemed that the state's constitutional machinery has failed, providing grounds for invoking Article 356.(BYJU'S)

3. Grounds for Imposition

President's Rule can be imposed under various circumstances, including:(Criminal Law Journal)

  • Political Instability: When no party secures a majority in the state legislature, and attempts to form a stable government fail.(Next IAS)

  • Breakdown of Law and Order: When the state's law and order situation deteriorates, and the state government is unable to manage it effectively.

  • Failure to Comply with Constitutional Provisions: If the state government acts against the Constitution or fails to comply with Union directives.(Next IAS)

4. Procedure for Proclamation

4.1. Presidential Proclamation

The President issues a proclamation declaring President's Rule in the state.(Vajiram & Ravi)

4.2. Parliamentary Approval

  • The proclamation must be approved by both Houses of Parliament within two months from the date of its issue.

  • If approved, President's Rule continues for six months and can be extended for a maximum of three years with parliamentary approval every six months.

  • Beyond one year, extensions require:

    • A national emergency in operation in the whole or part of the state.(Next IAS)

    • The Election Commission certifying that elections cannot be held in the state.(Next IAS)

5. Effects of President's Rule

5.1. Executive Impact

  • The state’s Council of Ministers, headed by the Chief Minister, is dismissed.(Next IAS)

  • The Governor administers the state on behalf of the President.(Wikipedia)

5.2. Legislative Impact

  • The state legislative assembly is either dissolved or kept in suspended animation.(Wikipedia)

  • The Parliament assumes the power to legislate on matters in the State List for that state.(Next IAS)

6. Judicial Safeguards

The S.R. Bommai v. Union of India (1994) case is a landmark judgment where the Supreme Court laid down guidelines to prevent misuse of Article 356:(Drishti Judiciary)

  • The proclamation of President's Rule is subject to judicial review.(SAGE Journals)

  • The majority of a government should be tested on the floor of the assembly.

  • The power under Article 356 is an exceptional power and should be used sparingly.

7. Criticism and Misuse

Article 356 has faced criticism for its potential misuse:(Next IAS)

  • Political Misuse: Historically, it has been used to dismiss state governments led by opposition parties.(Next IAS)

  • Undermining Federalism: Frequent imposition of President's Rule is seen as an encroachment on state autonomy.(Drishti Judiciary)

  • Lack of Clear Criteria: The absence of specific guidelines for its invocation leads to arbitrary decisions.

8. Conclusion

The provision of State Emergency under Article 356 is intended to ensure that governance in states adheres to constitutional norms. While it serves as a mechanism to address situations where state machinery fails, its misuse can undermine the federal structure and democratic principles. Judicial safeguards and responsible use are essential to maintain the balance between the Union and state governments.

References:

  • President's Rule in India (Article 356) - NEXT IAS (Next IAS)

  • Article 356 – President's Rule - BYJU'S (BYJU'S)

  • Notes on Article 356 - Unacademy (Unacademy)

  • Article 356 - Drishti Judiciary (Drishti Judiciary)

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Financial Emergency under Article 360 of the Indian Constitution

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1. Introduction to Financial Emergency

The Indian Constitution provides for emergency provisions to safeguard the nation's stability and integrity. Among these, Financial Emergency is outlined in Article 360. This provision empowers the President of India to declare a financial emergency if the financial stability or credit of the country or any part thereof is threatened.

2. Grounds for Declaration

A Financial Emergency can be proclaimed under the following circumstances:

  • Threat to Financial Stability: If the President is satisfied that the financial stability or credit of India or any part of its territory is in jeopardy.

This could arise due to factors such as:

  • Severe economic recession

  • Failure of the banking system

  • Drastic fall in foreign exchange reserves

  • High inflation or deflation

  • Natural calamities affecting the economy

It's important to note that the President's satisfaction is subjective and, as per the 38th Amendment Act of 1975, is final and conclusive, not subject to judicial review. 

3. Procedure for Proclamation

The process for declaring a Financial Emergency involves the following steps:

  1. Presidential Proclamation: The President issues a proclamation declaring a Financial Emergency.

  2. Parliamentary Approval: The proclamation must be approved by both Houses of Parliament within two months from the date of its issue. 

  3. Duration: Once approved, the Financial Emergency continues indefinitely until it is revoked by the President.

4. Effects of Financial Emergency

The declaration of a Financial Emergency has significant implications:

4.1. Centralization of Financial Powers

  • The Union government gains the authority to direct any state to observe financial propriety and can issue directions regarding the reduction of salaries and allowances of persons serving in the state.

4.2. Reduction of Salaries and Allowances

  • The President can issue directions for the reduction of salaries and allowances of:

    • Central and State government employees

    • Judges of the Supreme Court and High Courts

4.3. Parliamentary Control over State Finances

  • All money bills or financial bills passed by the state legislatures can be reserved for the consideration of the President.

4.4. Impact on Federal Structure

  • The federal balance shifts towards centralization, with the Union government exercising greater control over state finances.

5. Historical Context

Since the adoption of the Constitution in 1950, India has never experienced a Financial Emergency. Even during severe economic crises, such as the balance of payments crisis in 1991, this provision was not invoked.

6. Comparison with Other Emergencies

Aspect National Emergency (Article 352) State Emergency (Article 356) Financial Emergency (Article 360)
Grounds War, external aggression, armed rebellion Failure of constitutional machinery in a state Threat to financial stability or credit
Scope Entire country or part thereof Specific state Entire country or part thereof
Parliamentary Approval Within one month Within two months Within two months
Duration Six months, extendable indefinitely Six months, extendable up to three years Indefinite until revoked
Effect on Federalism Centralizes power State's autonomy suspended Central control over state finances

7. Safeguards and Limitations

While the Financial Emergency provision grants significant powers to the central government, certain safeguards exist:

  • Judicial Review: Although the 38th Amendment made the President's satisfaction final, the 44th Amendment restored the possibility of judicial review, allowing courts to examine the validity of the proclamation.

  • Parliamentary Oversight: The requirement of parliamentary approval within two months ensures democratic oversight.

8. Conclusion

The Financial Emergency provision serves as a constitutional mechanism to address extraordinary financial crises. While it has never been invoked, its presence acts as a deterrent against fiscal mismanagement and ensures that the central government can take necessary measures to maintain the country's financial stability. However, its potential impact on the federal structure necessitates cautious and judicious use.

References:

  • Financial Emergency (Article 360) - BYJU'S (BYJU'S)

  • Financial Emergency (Article 360) - NEXT IAS (BYJU'S)

  • Financial Emergency under Article 360 of the Indian Constitution - Lawctopus (Lawctopus)

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