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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

Major Political T heories


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The tenure of State Assemblies can also be extended in the same manner.

Preamble and the salient


features of the Constitution of
India

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.

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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.

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It will be possible if,

Phobias
(a) National Emergency is already in operation;

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(b) The Election Commission certifies that the election to the State Assembly cannot be held.
It was in 1951 that this type of emergency was imposed for the first time in the Punjab.

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The President can assume to himself all or any of the functions of the State Government or he may
vest all or any of those functions with the Governor or any other executive authority.
The President may dissolve the State Legislative Assembly or put it under suspension.

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3. Financial Eme rge ncy (Article 360)


If the President is satisfied that the financial stability or credit of India or any of its part is in danger, he may
declare a state of Financial Emergency.

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and World

It must be approved by both Houses of Parliament within two months.

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The Union Government may give direction to any of the States regarding financial matters.
The President may ask the States to reduce the salaries and allowances of all or any class of persons
in government service.

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Countries and their Parliaments

The President may ask the States to reserve all the money bills for the consideration of the Parliament

Riverside Cities & States (India)

after they have been passed by the State Legislature.


The President may also give directions for the reduction of salaries and allowances of the Central

Discoveries and Inventions

Government employees including the Judges of the Supreme Court and the High Courts.

Countries and Currencies


Fortunately, financial emergency has never been proclaimed.

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Tags:
Emergency

Union Council of Ministers


state emergency

financial emergency

article 352

article 356

article 360
Sobriquets: India and the World

Published on 6/15/2015 12:07:00 PM

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Indian National Movement Date


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Important Days

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