Emergency Power Constitutional Law Emergency Meaning An emergency

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Emergency Power Constitutional Law

Emergency Power Constitutional Law

Emergency: Meaning • An emergency is circumstance arising suddenly that calls for immediate action

Emergency: Meaning • An emergency is circumstance arising suddenly that calls for immediate action by the public authorities under the powers granted to them • A state of emergency in India refers to a period of governance that can be proclaimed by the President of India during certain crisis situations • The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360 • Its purpose is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution

…Emergency: Meaning • Emergency provisions enable the Central government to meet any abnormal situation

…Emergency: Meaning • Emergency provisions enable the Central government to meet any abnormal situation effectively • It enables the federal government to acquire the strength of unitary government whenever the situation demands • There are three types of emergencies under the Indian Constitution namely • National Emergency • State Emergency • Financial Emergency

National Emergency: Article 352 • Article 352 of the Constitution provides for the provision

National Emergency: Article 352 • Article 352 of the Constitution provides for the provision of National Emergency which can be applied if any extraordinary situation arises that may threaten the security, peace, stability and governance of the country • Grounds of National Emergency • War, • External aggression • Armed rebellion

National Emergency: Procedure • Article 352 (1) provides that if the President is ‘satisfied’

National Emergency: Procedure • Article 352 (1) provides that if the President is ‘satisfied’ on the grounds that the security of India is threatened due to war, external aggression or armed rebellion, he can issue a proclamation to that effect regarding the whole of India or a part thereof • Article 352(2) A Proclamation issued under clause (I) may be or revoked by a subsequent proclamation • Article 352(3)-The President shall not issue a Proclamation under clause (I) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet (that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank under Article 75) that such a Proclamation may be issued has been communicated to him in writing

…National Emergency: Procedure • Parliamentary approval and duration: Article 352(4)(5) • The proclamation of

…National Emergency: Procedure • Parliamentary approval and duration: Article 352(4)(5) • The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue • However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it • Territorial Extent of Proclamation • The President may make a Proclamation of Emergency in respect of the whole India or any part of India, as required

…National Emergency: Procedure • Duration of Emergency • If approved by both houses of

…National Emergency: Procedure • Duration of Emergency • If approved by both houses of Parliament then National Emergency can continue for 6 months and it can be renewed by approval of Parliament after every 6 months • Any of the above resolution related to proclamation or renewal of National Emergency must be passed by both houses of Parliament by a special majority (the majority of the total membership of that house or not less than 2/3 rd of members present and voting)

…National Emergency: Procedure • Revocation of proclamation A proclamation of Emergency may be revoked

…National Emergency: Procedure • Revocation of proclamation A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation • Such proclamation does not require parliamentary approval. • The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation

…National Emergency: Procedure • Where a notice in writing signed by not less than

…National Emergency: Procedure • Where a notice in writing signed by not less than one tenth of the total number of members of the House of the People has been given of, their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued under clause (l) or a Proclamation varying such Proclamation, • (a) to the Speaker, if the House is in session; or • (b) to the President, if the House is not in session, a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or as the case may be, by the President, for the purpose of considering such resolution

Changes Brought by Constitutional 44 th Amendment Act 1978 • The ground of “internal

Changes Brought by Constitutional 44 th Amendment Act 1978 • The ground of “internal disturbance” was substituted by the ground of “armed rebellion” • A provision was included stating that the President will not issue a Proclamation of Emergency unless the decision of the Union Cabinet that such a Proclamation may be issued has to be communicated to him in writing • Proclamation of Emergency has to be approved within a period of one month (instead of two months) • Requirement of Special Majority for Simple Majority

…Changes Brought by Constitutional 44 th Amendment Act 1978 • For continuance of the

…Changes Brought by Constitutional 44 th Amendment Act 1978 • For continuance of the Proclamation of Emergency, approval by resolutions of both Houses will be required every six months • President is bound to revoke a proclamation of emergency if Lok Sabha passes resolution with simple majority