Civics /Polity (Emergency Provisions in India)

Emergency Provisions in India

Article 352 → Proclamation of Emergency

National Emergency

External → War or external aggression :- Internal→ By armed rebellions

* President can issue a proclamation of emergency only when decision of cabinet is conveyed to him in writing

* Proclamation is subjected to judicial review & its constitutionality can be questioned in court of law on grounds of malafidism

* Has been issued only 3 times till now → (1962 & 1971 → External; 1975 → Internal)

* Every proclamation made under article 352 ( except a proclamation revoking previous proclamation ) should be laid before each house of the parliament & must be approved by them within one month after proclamation is made, by majority of total membership of the house & by a majority of not less than 2/3rd of members of the house present & voting

* If parliament fails to approve such proclamation, then it ceases to be in operation on expiry of 1 month after proclamation is made

* If parliament approves such proclamation, then it will be in force for 6 months from the date on which it was approved by parliament, unless revoke earlier

* It can be approved by parliament any no. of times but not beyond 6 months at a time

* If LS stands dissolved before giving approval to proclamation, then RS needs to approve it within 1 month & thereafter should be ratified by LS within 1 month after reconstitution

* If LS disapproves a proclamation to its continuance, President shall revoke the emergency

* If not less than 1/10th of the members of LS issue a notice with intension of disapproving an emergency to the President, when LS is not in session or to Speaker, if it is in session, then a special sitting of LS shall be held within 14 days for the purpose of considering such a resolution

* FRs under article 19 will be suspended automatically only in case of external emergency

* Parliament is empowered to extend by law, life of LS beyond 5 years for a period of not extending 1 year at a time, but in any case not exceeding 6 months after the proclamation of emergency has ceased to be in operation (Same case with state legislative assemblies)

Article 356 → Failure of constitutional machinery in state (Presidential rule)

* Must be passed by each house of the parliament by simple majority or cease to operate at expiry of 2 months (Subjected to judicial Review)

* Approved for 6 months from the date of approval & can be further extended for a period of 6 months.

* However, it can be extended beyond 1 year period but in any case not beyond 3 years from the date of issue of proclamation, if :

 - A proclamation of national emergency is in operation in that state or in whole India

 - EC certifies that it is necessary on account of difficulties to hold general elections to state legislature

Article 360 → Financial Emergency

* A proclamation of financial emergency will remain in force for 2 months, unless before expiry of that period, it is approved by both the houses of parliament by simple majority

* Once approved, it will be in force till it is revoked by the President (None Issued so far)