The word emergency may be defined as “any steps taken by the government of the country to protect the citizen of the country from any threat to the country or any failure of the constitutional machinery of the country”. An emergency is an occasion that needs to act quickly. It is a circumstance where the security of the country or a state is placed at risk. Proclamation of the emergency is the solution to protect the security of the nation. The President of India has the power to proclaim the emergency. In this article, we will talk about the types of emergency and the 44th Amendment. So, let’s start the article.
Table of Contents
Emergency in India
There are three types of emergency in India given in the constitution of India:
- National Emergency
- State Emergency
- Financial Emergency
National emergency
Article 352 of the Constitution of India deals with the National emergency. A national Emergency is claimed where there is any grave threat to the security of the nation or any territory of that nation. It can be by external aggression or war with other countries.
The president of India proclaims the emergency after receiving the written decision of the Union Cabinet which is headed by the Prime Minister of India. He proclaims a national emergency once he is satisfied with the decision of the council of ministers.
The president of India can proclaim a national emergency Under Article 352(1) on the threat to the security of the nation.
- War
- External Aggression
- Internal disturbance
War
The meaning of the term War means “the existence of the violence between the two different nations. The war should be through the use of armed forces by the countries at the time of violence.
External Aggression
It has wide implications. External Aggression covers the assaults with power by one country against another country without any decree of war.
Internal disturbance
It covers the minor disturbance of law and order in the country itself.
Territorial extent of Proclamation of Emergency
The proclamation can be proclaimed by the president of India for the whole of India or any such part of its territory as may be prescribed in the proclamation.
Duration of Proclamation of National Emergency
There are specific provisions given under the Constitution for the proclamation of the National Emergency. The proclamation can be done in two ways:
- Without approval
- With approval
Let’s discuss both types:
Without approval by both, the houses may remain in force for 1 month from the date of proclamation without any approval by houses.
With the approval of both, the houses may remain to continue in force for 6 months from the date of the proclamation.
The 44th Amendment, 1978
The President of India can revoke the proclaimed emergency by passing a new proclamation.
The emergency will cease to operate after the expiry of 6 months unless both houses of parliament pass the continuance of the proclamation of emergency for the next 6 months.
Consequences of Proclamation of National Emergency
- The central government shall control or direct the executive powers of each state of the country.
- The parliament will reach out to the matters of state parliament.
- The President of the country may adjust or change the budgetary courses of action for the dispersion of income among unions and States.
- The life of a lower house may be extended in times of Emergency.
- The articles given under Article 19 of the constitution of India will be suspended.
A national emergency has been imposed three times in India
- 1962– At the time of Chinese aggression
- 1971– During the India-Pakistan war
- 1975-On the grounds of internal disturbances at the time of Indira Gandhi
State Emergency
The Constitution of India talks about the State emergency. Article 355 gives the duty to the central government towards the States. Whenever the constitutional machinery in a State fails to comply with the constitution, it is called a “State emergency” or the “President’s rule”.
Article 356 of the Constitution of India provides that the President of India, either by the report of the Governor of the State or by otherwise, is satisfied that the State Government has failed to do the work following the provisions of the Constitution of India, he can proclaim the State Emergency.
President Venkataraman in 1991 in the state of Tamil Nadu proclaimed the emergency even though he didn’t receive a report from the governor of the State of Tamil Nadu.
The proclamation of state Emergency without the approval of both houses shall be remaining continuous for two months. The proclamation shall be ceased after the expiry of two months unless both houses of parliament approve the resolution for the continuance of the proclamation. Further, the duration of the proclamation can be extended up to six months each time by both the houses of Parliament bypassing the approval. The proclamation can only continue to continue beyond one year if the Election Commission certifies that there is no possibility to hold the elections in the State where the emergency has been proclaimed.
Results of the State Emergency
- Parliament will make the laws regarding the state list for that state
- The President may declare that the legislature of that state will be run under the authority of Parliament.
- The judiciary will work independently even in the proclamation of a state emergency.
- The president can pass ordinances for the state
Financial Emergency
Article 360 of the Constitution gives the provisions about the Financial Emergency. If the president is satisfied that the situation has arisen where the financial stability of the country or any part of the country is threatened, he can proclaim the Financial Emergency.
The main ground for the Financial Emergency is “a threat to the financial stability of India or any part of the territory of India”.
Duration of Financial Emergency
The proclamation of financial emergency will remain in the continuance for two months. It will automatically be ceased after the expiry of two months from the date of the proclamation unless it is approved by both houses of the Parliament with a two-thirds majority. Once the proclamation of a financial emergency is approved by both houses, it will continue to continue for all times until it is revoked by the President by making another proclamation.
The object of the Financial Emergency
The object of the proclamation of a financial emergency is to achieve the financial stability of the Country.
Conclusion
I conclude my article with the words that the proclamation of emergency is good for the safety of the people of India. The laws should be strict at the time of Emergency.
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