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EMERGENCY PROVISIONS
Emergency provisions were made in Constitution to safeguard and protect the security, integrity and stability of
the country and effective functioning of State Governments.
The re are 3 type s of e me rge ncie s.
1. National Eme rge ncy (Article 352)
Declared by the President of India if he is satisfied that the situation is very
grave and the security of India or any part thereof is threatened or is likely to
be threatened either by war or by armed rebellion within the country.
Proclamation of emergency has to be approved by both the Houses of Parliament by absolute majority of the
total membership of the Houses as well as 2/3 majority of members present and voting within one month.
In case the Lok Sabha stands dissolved at the time of proclamation of emergency or is not in session, it has to be
approved by the Rajya Sabha within one month and later on by the Lok Sabha also within one month of its next
session.
Once approved by the Parliament, the emergency remains in force for a period of 6 months from the date of
proclamation.
In case it is to be extended beyond 6 months, another prior resolution has to be passed by the Parliament.
National Eme rge ncy has be e n de clare d in our country 3 time s
1. 26 Octobe r 1962 - 10 January 1968 (When China attacked our borders in the North East)
2. 3 De ce mbe r 1971 - 21 M arch 1977 (Second India- Pakistan War) - threatened by external aggression
3. 25 June 1975 - 21 M arch 1977 (Internal Emergency by Indira Gandhi) - threatened by internal disturbances
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Effe cts
The federal form of the Constitution changes into unitary. The authority of the Centre increases and
the Parliament assumes the power to make laws for the entire country.
The President can issue directions to the states as to the manner in which the executive power of the
states is to be exercised.
During this period, the Lok Sabha can extend its tenure by a period of one year at a time. But the
The tenure of State Assemblies can also be extended in the same manner.
The Fundamental Rights under Article 19 automatically suspended. But according to the 44th
F undamental Rights
same cannot be extended beyond six months after the proclamation ceases to operate.
Amendment, Freedoms listed in Article 19 can be suspended only in case of proclamation on the
ground of war or external aggression.
2. State Eme rge ncy (Pre side nts Rule ) ( Article 356)
The President may issue a proclamation to impose emergency in a state if he is satisfied on receipt of a report
from the Governor of the State.
Approval must be given within 2 months; otherwise the proclamation ceases to operate.
If approved by the Parliament, the proclamation remains valid for 6 months at a time. It can be extended for
another six months but not beyond one year.
Phobias
(a) National Emergency is already in operation;
15 Nov e mbe r 1954 - 29 M arch 1955 Loss of Majority. (In Andhra state)
18 January 1973 -10 De ce mbe r 1973 Break down of Law & Order due to Jai Andhra Agitation, in P. V.
Effe cts
Effe cts
The President may ask the States to reserve all the money bills for the consideration of the Parliament
Government employees including the Judges of the Supreme Court and the High Courts.
Tags:
Emergency
financial emergency
article 352
article 356
article 360
Sobriquets: India and the World
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54 comments
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Reply Like Follow Post June 6 at 4:20pm
Mantripragada Praveen
Cyclones - F actfile
Good Thing is All Info is correct and fully updated, bad thing is.......page is quite
big and no PDF or Word Download option for this page
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