As per the Indian constitution, there are three types of emergencies mentioned in articles 352 to 360.
National Emergency, article 352 to 353:
- President can declare national emergency ( after getting written request from Union cabinet, not PM) either whole part of Indian or some part of India in either of three conditions " War or Armed rebellion or External aggression" situation happens or likely to happen.
- It expires in 1 month unless gets approved by both the houses by a special majority( 2/3rd present and voting + Absolute majority).
- If the Lok Sabha is dissolved then reconstitute Lok Sabha must approve within 1 month.
- Once approved, emergency life is only for six(6) months, it can be extended further 6 months by approval by parliament.
- Effects:
- All the state governments and their legislature work as per the direction of the union government and the parliament.
- Automatically suspended Fundamental rights of article 19, the president can suspend other fundamental rights except FR provided in articles 20 and 21.
President rule in the state, Article 356:
In case of failure of constitutional machinery in the state, the president can declare president rule.Financial Emergency, Article 358.
- President can declare a financial emergency
- It will expire in 2 months if not approved by the parliament
- Once approved, no time limit for automatically revoke.
The following questions were asked in UPSC and state PCS
1. Consider
the following statements in respect of financial emergency under Article 360 of
the Constitution of India (UPSC 2007)
1. A proclamation of financial emergency issued shall cease to
operate at the expiration of two months, unless, before the expiration of two
months, unless, before the expiration of that period, it has been approved by
the resolutions of both Houses of Parliament.
2. If any proclamation of financial emergency is in operation, it
is competent for the President of India to issue directions for the reduction
of salaries and allowances of all or any class of persons, serving in
connection with the affairs of the union but excluding the Judges of the
Supreme Court and the High Courts.
Which of these
statements is/are correct?
(a) 1 Only
(b) 2 Only
(c) Both 1 and 2
(d) Neither 1 nor 2
Anser. A
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