To be honest, did you enjoy studying the topic of the Indian Constitution in your high school? I’m sure you faced lots of difficulties mugging up the rules and regulations of each legal article mentioned in the Indian Constitution. This particular topic has been crucial for each student though it stretched to drain you out with its technicalities! Hence, scroll down for more!
The Indian Constitution gives legal access to the President of India to enunciate three categories of emergencies in case need be. These are as follows:
- National Emergency
- State Emergency
- Financial Emergency
The President of the country takes such a decisive step when he feels that it is in due consideration extraordinary and essential. There have been many amendments, and subsequently, it is mandatory to present or state the emergency in the declaration form.
- National Emergency, Article 352:
Under Article 352, only when the nation’s security threatens, consider a National Emergency. Pose of threat can cause by external aggression, war state, or armed rebellion.
There is no maximum period scheduled for this and can be continued with due approval of Parliament every six months.
Resultant implications and effects of National Emergency include:
- The Centre holds the authority to direct and grant orders to any state.
- The Parliament is entitled to law-making for all the states.
- Debarre the fundamental rights, Excluding articles 20 and 21
- State assemblies and Lok Sabha extends the working tenure.
- Modify the provisions as needed.
- President’s rule and State Emergency, Article 356:
Proclaim this emergency when a particular State Government is not in conformity with the Constitution’s provisions. The reasons whatsoever do not pertain to any war state, external aggression factors, or even armed rebellion.
Resultant implications and effects of President’s rule and State Emergency include:
- During this time, Dissolve the state legislature and suspend the state executive from their position. The President exercises the decision-making powers.
- The fundamental rights of the citizens remain as it is.
- The time granted to a state emergency is a maximum of 3 years.
- There is a modification required in the bonding and ligature between the state and Central government.
- Financial Emergency, Article 360:
As per article 360 stated under the Indian Constitution, only the President of India can declare such an emergency. A financial emergency arises when the financial stability is at risk, and the credit capacity of the entire nation or a small part is of threat. The Supreme Court has full access and right to review this kind of emergency.
Resultant implications and effects of Financial Emergency include:
- The Center’s responsibility now advances as it gives financial orders and directions to each state.
Once the Legislative passes the moneybills, they can be reserved.
- The state emergency also reduces calls for salaries and allowances t
To bring to your facts and enhance your knowledge, India declares three times National Emergency between 1962 and 1977. State emergencies imposed upon states such as Jammu and Kashmir, Punjab, etc. There has never been a need to levy Financial Emergency yet.
I hope this article suits your best interest.
Thanks for reading!