Important facts related to Emergency, its types and Article 352

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National emergency: National emergencies represent temporary scenarios during which governments assume additional control to deal with a major crisis. In these situations, some fundamental freedoms of citizens may be temporarily stopped. These emergencies serve as a test for the resilience of a country's leadership and institutions, requiring a delicate balance between addressing urgent needs and maintaining the principles of democracy and human rights. Typically, national emergencies are declared in response to natural disasters such as hurricanes, floods or earthquakes or due to man-made disasters such as terrorist attacks or war. Once a national emergency is declared, the government can take various measures to deal with the situation, including deploying the army, imposing a curfew, or rationing essential commodities.

The impact of national emergencies on individuals and businesses can be substantial. For example, people may experience restricted freedom of movement or confiscation of their property. Businesses may face new regulations or even have to close entirely. It is important to understand that national emergencies are temporary in nature. Once the crisis is resolved, the government is obliged to lift the emergency measures and restore the rights that were temporarily suspended. Dealing with national emergencies is a complex and challenging issue. The key lies in carefully weighing the benefits of government intervention against the potential costs to individual rights and freedoms.

National Emergency Notes: Introduction

A national emergency is an event or circumstance that demands prompt and comprehensive action to protect the security, stability, and welfare of a nation. The President of India can declare emergency if he is assured that it is justified and he can take direct charge of the administration of any state. Before declaring emergency, the President must obtain written recommendation from the Cabinet.

  • Mention of emergency provisions Articles 352 to 360 are contained in Part XVIII of the Constitution. All these provisions enable the Central Government to deal effectively with any abnormal situation.
  • At the time of emergency, the central government becomes omnipotent and the states come under the complete control of the Centre. It changes the federal structure of democracy into a unitary structure without any formal amendment to the Constitution. Such change of political system from federal during normal times to unitary during emergency is a unique feature of the Indian Constitution.

Once a national emergency is declared, significant changes take place in the federal structure of the Constitution:

Article Details
Article 352 National Emergency
Article 356 State Emergency
Article 360 financial crisis

National Emergency Note: Article 352

According to Article 352 of the Indian Constitution, if the President of India feels that the security of India is threatened by external aggression or armed rebellion, then the President can issue a proclamation to that effect in relation to the whole of India or any part thereof. The proclamation of emergency could be later revoked by the President. Proclamation of emergency under Article 352 is subject to judicial review and can be challenged in court on the grounds of mala fide as per the Constitution. The proclamation made must be approved by both the houses of the Parliament (Rajya Sabha and Lok Sabha) within a month. The effect of a declaration of emergency is a completely unitary government as opposed to a federal government.

During its implementation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution. The central government has concurrent administrative and legislative powers of the state.

National Emergency Notes: Types

Emergency provisions are written in the Constitution of India to preserve the sovereignty, unity, integrity and security of the country. There are 3 emergencies mentioned in the Constitution.

  1. National emergency: The President of India can declare a national emergency in the event of war, external aggression or any armed rebellion. If the President feels that there is an imminent danger, he can declare an emergency even before the danger occurs. National emergency is declared on the basis of war or external aggression, it is called 'external emergency'. With the 44th Constitutional Amendment Act, 1978, the term 'armed rebellion' was replaced by the term 'internal disturbance'.

national emergency in india First declared in 1962 during the Chinese invasion of the Northeast Border Agency. The second national emergency was declared in 1971 during the war against Pakistan. The third emergency was declared in June 1975 due to internal unrest.

2. State emergency: Under Article 355, the duty is imposed on the Center to ensure that the government of each State is carried on in accordance with the provisions of the Constitution. Accordingly, if the constitutional machinery fails in a state, the Center can take over the state government under Article 356. This is known as State Emergency/President's Rule. President's rule was imposed for the first time in Punjab in 1951.

3. Financial emergency: Under Article 360, the President of India has the power to declare financial emergency. If the President is satisfied that a situation has arisen threatening the financial stability and credit of India or any part thereof, he may declare an emergency to that effect. All such proclamations can be altered or canceled by the President. Financial emergency must be approved by the Parliament within 1 month of its declaration. Once approved, it will remain in force until the President revokes it.

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