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    Emergency Provision in Indian Constituion

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    Sarika Maurya
    The document discusses different types of emergencies that can be declared in India according to the constitution: 1) A national emergency can be declared by the President if there is war, external aggression, or armed rebellion threatening the security of India or part of India. This allows the suspension of fundamental rights. 2) President's rule can be imposed by the central government if a state fails to govern according to the constitution. 3) A financial emergency can be declared if the President determines India's financial stability is threatened, and must be approved by parliament within two months. This expands central control over states' financial matters.

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    Emergency Provision in Indian Constituion

    Uploaded by

    Sarika Maurya
    45 views7 pages
    The document discusses different types of emergencies that can be declared in India according to the constitution: 1) A national emergency can be declared by the President if there is war, external aggression, or armed rebellion threatening the security of India or part of India. This allows the suspension of fundamental rights. 2) President's rule can be imposed by the central government if a state fails to govern according to the constitution. 3) A financial emergency can be declared if the President determines India's financial stability is threatened, and must be approved by parliament within two months. This expands central control over states' financial matters.

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    Emergency provision in indian constituion

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    The document discusses different types of emergencies that can be declared in India according to the constitution: 1) A national emergency can be declared by the President if there is war, external aggression, or armed rebellion threatening the security of India or part of India. This allows the suspension of fundamental rights. 2) President's rule can be imposed by the central government if a state fails to govern according to the constitution. 3) A financial emergency can be declared if the President determines India's financial stability is threatened, and must be approved by parliament within two months. This expands central control over states' financial matters.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    45 views7 pages

    Emergency Provision in Indian Constituion

    Uploaded by

    Sarika Maurya
    The document discusses different types of emergencies that can be declared in India according to the constitution: 1) A national emergency can be declared by the President if there is war, external aggression, or armed rebellion threatening the security of India or part of India. This allows the suspension of fundamental rights. 2) President's rule can be imposed by the central government if a state fails to govern according to the constitution. 3) A financial emergency can be declared if the President determines India's financial stability is threatened, and must be approved by parliament within two months. This expands central control over states' financial matters.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 7

    Emergency provision in

    indian constituion
    INTRODUCTION
     state of emergency in India refers to a period
    of governance that can be proclaimed by the
    President of India during certain crisis
    situations. Under the advice of the cabinet of
    ministers, the President can overrule many
    provisions of the Constitution, which
    guarantees Fundamental Rights to the
    citizens of India.
    ARTICLE 352
     National emergency can be declared on the
    basis of war, external aggression or armed
    rebellion. The Constitution employs the
    expression ‘proclamation of emergency’ to
    denote an emergency of this type.
    GROUND FOR DECLARATION
     Under Article 352, the president can declare a national
    emergency when the security of India or a part of it is
    threatened by war or external aggression or armed rebellion.
     The President can declare a national emergency even before
    the actual occurrence of war or armed rebellion or external
    aggression
     When a national emergency is declared on the grounds of
    ‘war’ or ‘external aggression’, it is known as ‘External
    Emergency’. On the other hand, when it is declared on the
    grounds of ‘armed rebellion’, it is known as ‘Internal
    Emergency’.
     This term ‘armed rebellion’ is inserted from the 44th
    amendment. Before this term it was known as internal
    disturbance.
    PRESIDENT RULE
     Article 355 imposes a duty on the centre to
    ensure that the government of every state is
    carried on in accordance with the provisions
    of the constitution.
     It is this duty in the performance of which the

    centre takes over the government of a state


    under Article 356 in case of failure of
    constitutional machinery in a state.
     This is popularly known as ‘President’s Rule’.
    FINANCIAL EMERGENCY
     Grounds of declaration: Article 360 empowers
    the president to proclaim a Financial Emergency
    if he is satisfied that a situation has arisen due
    to which the financial stability or credit of India
    or any part of its territory is threatened.
     Parliamentary approval and duration: A
    proclamation declaring financial emergency
    must be approved by both the Houses of
    Parliament within two months from the date of
    its issue.
    EFFECT
     Extension of the executive authority of the Union
    over the financial matters of the States.
     Reduction of salaries and allowances of all or any

    class of persons serving in the State.


     Reservation of all money bills or other financial

    bills for the consideration of the President after


    they are passed by the legislature of the State.
     Direction from the President for the reduction of

    salaries and allowances of all or any class of


    persons serving the Union; and the judges of the
    Supreme Court and the High Courts

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