SSC CGL Polity Notes – What is Emergency?
The Indian Constitution has defined Emergency as “the circumstances which may arise suddenly such that it calls for immediate action by the public authorities under the powers which are specially granted to them”. This means the Government Authorities (Central Government) and institutions get special powers to handle a particular situation.
Dr Babasaheb Ambedkar had noted that In case of an Emergency India could acquire the characteristics of a completely unitary system of Government. The Federal principles of Indian Consitution would be overshadowed by the Unitary Features to handle the Emergency Situations.
SSC CGL Polity Notes – Types of Emergency
In India, We have 3 types of Emergency enshrined in our Constitution. They are as follows -:
- National Emergency (Article 352)
- State Emergency / Governor’s Rule (Article 356)
- Financial Emergency (Article 360)
SSC CGL Polity Notes – National Emergency (Art 352)
As per the article 352 of Indian Constitution, the President on the advice of the council of ministers can declare a National Emergency on the following grounds –
- A grave threat to the security of the country or its territory due to war
- Armed rebellion
- Any kind of external aggression
The National Emergency can be declared only by the President of India. The President can act only on the recommendation of the Council of Ministers. The Leader of the Council of Ministers is the Prime Minister.
The Government is required to place the Emergency Proclamation before both the houses of Parliament. The Proclamation has to be approved by both the houses within 1 month of the date of proclamation.
After approval by both houses of houses, the emergency period can be extended up to 6 months. The President has the power to revoke the emergency any time, on the recommendation of the council of ministers. The Emergency can be extended after 6 months by passing of the resolution in both the houses of parliament with a two-thirds majority.
As mentioned above, during Emergency the Unitary features of the constitution overtake the federal features. The Central Government gets to power to create laws for state list subjects as well.
Except Fundamental Rights provided by Art 20 and 21, all the Fundamental Rights provided by the Indian Constitution stands suspended during an Emergency.
In India, NAtional emergency has been proclaimed 3 times until now – 1) In 1962 at time of Chinese aggression. 2) In 1971 during the Indo-Pak war and 3) In 1975 on the grounds of internal disturbances.
SSC CGL Polity Notes – State Emergency (Art 356)
Article 356 of the Indian Constitution deals with State emergency. It is popularly described as Governor’s Rule or President’s Rule as well. As per this Article, The President can declare State Emergency in any State, based on the report of the Governor of that State or If the President feels that the State machinery cannot function as per the provisions of Indian Constitution. (In India, The State Emergency without a Governor’s report was declared once in 1991 by President Venkataraman in the State of Tamil Nadu.)
The State Emergency Declaration has to be submitted before both the houses of the Parliament. If the resolution is not passed by both the houses, then the State Emergency would stand cancelled at the end of 2 months period from the date of declaration. The State Emergency can be extended twice for a 6 months period after approval in both the houses of the Parliament.
During State Emergency, the President gets the power to implement all the executive functions of the State Machinery. The Governor is usually the person appointed by the President to run the State Administration.
The State Emergency is subject to Judicial Review. If the court finds the emergency proclamation as unconstitutional, It can re-instate the State Assembly, which is dissolved on the proclamation of the emergency.
SSC CGL Polity Notes – State Emergency (Art 360)
Article 360 of the Indian Constitution gives the President of India the power to declare Financial Emergency in Entire country or a part of it if he/she is satisfied of the following grounds –
- Financial Stability of India or any part of it is under threat.
- Credit Standing of India of any part of It is under threat.
Same as State Emergency, the Financial emergency Declaration also need to be tabled before both the houses of parliament within 2 months from the date of declaration. IF the proclamation is not approved by both the houses with 2 months, the Emergency declaration would be considered as over.
During Financial Emergency, President through the Union Government can direct any or all the state governments to follow certain Economic directives which would be helpful for the Financial Stability of that State or India.
