Emergency Provisions of the Constitution

<–2/”>a >An emergency is a situation demanding immediate action.The Emergency Provisions under Indian constitution can be traced back to the British rule in India, when by Act of parliament crown established its Sovereignty over company’s territories in India in 1861 . The Governor General under the provisions exercised wide powers both legislative and executive. He was also given power to legislate for emergencies.The Emergency Provisions are mentioned from ARTICLE 352 to Article 360.

Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency.

Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union.

Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament.

Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory.

Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not.

Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to Money bills and other Financial Bills passed by the State Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.,

The Emergency Provisions of the Constitution of India are a set of provisions that allow the President of India to declare a state of emergency in the country. The provisions are contained in Articles 352 to 360 of the Constitution.

The President can declare a state of emergency if he is satisfied that a grave emergency exists whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or Armed Rebellion.

Once a state of emergency is declared, the President can exercise a number of powers, including:

Suspending the operation of the Constitution in any part of the country
Taking over the administration of any state
Detaining any person without trial
Prohibiting the assembly of people
Controlling the press

The Emergency Provisions have been used on a number of occasions, most notably during the Indo-Pakistani War of 1971 and the Emergency of 1975-77.

The Emergency Provisions have been criticized for being undemocratic and for giving too much power to the President. However, the government has defended the provisions, arguing that they are necessary to protect the country in times of crisis.

The following are the sub topics of Emergency Provisions of the Constitution:

Article 352: Proclamation of Emergency
Article 353: Effect of Proclamation of Emergency
Article 354: Provisions as to financial matters during Proclamation of Emergency
Article 355: Duty of the Union to protect States against external aggression and internal disturbance
Article 356: Provisions in case of failure of constitutional machinery in States
Article 357: Provisions as to exercise of legislative powers under Proclamation issued under Article 356
Article 358: Suspension of provisions of Article 19 during Proclamation of Emergency
Article 359: Suspension of the operation of certain provisions of the Constitution during Proclamation of Emergency
Article 360: Provisions as to financial emergency
Article 361: Special provisions as to laws relating to SUCCESSION to the Crown
Article 362: Effect of Proclamation of Emergency on existing laws and contracts

Article 352: Proclamation of Emergency

The President must communicate the Proclamation to the Houses of Parliament and it shall cease to operate after a period of six months, unless it is approved by both Houses of Parliament within that period.

Article 353: Effect of Proclamation of Emergency

During the period when a Proclamation of Emergency is in operation, the President can make such orders as he deems necessary or expedient for the purpose of dealing with the situation which has arisen.

These orders can include:

Suspending the operation of the Constitution in any part of the country
Taking over the administration of any state
Detaining any person without trial
Prohibiting the assembly of people
Controlling the press

Article 354: Provisions as to financial matters during Proclamation of Emergency

During the period when a Proclamation of Emergency is in operation, the President can make such financial provisions as he deems necessary or expedient.

These provisions can include:

Borrowing money on the credit of the Union
Spending money without appropriation by Parliament
Imposing taxes or duties

Article 355: Duty of the Union to protect States against external aggression and internal disturbance

The Union has the duty to protect every State against external aggression and internal disturbance.

The President can deploy armed forces of the Union to any State to fulfill this duty.

Article 356: Provisions in case of failure of constitutional machinery in States

If the President is satisfied that the constitutional machinery in any State has failed, he can take over the administration of that State.

The President can do this by issuing a Proclamation under Article 356.

Article 357: Provisions as to exercise of legislative powers under Proclamation issued under Article 356

During the period when a Proclamation of Emergency is in operation under Article 356, the President can make laws for the State concerned.

These laws can be made on any subject, including matters that are normally within the legislative competence of the State.

Article 358: Suspension of provisions of Article 19 during Proclamation of Emergency

During the period when a Proclamation of Emergency is in operation, the President can suspend the operation of the provisions of Article 19 of the Constitution.

Article 19 guarantees certain Fundamental Rights to the citizens of India, including the right to freedom of speech and expression, the right to assemble peacefully and without arms, the right to

What is the difference between a state of emergency and a national emergency?

A state of emergency is declared by a State Government, while a national emergency is declared by the federal government. State of emergencies are typically declared in response to natural disasters, such as hurricanes or floods, or man-made disasters, such as terrorist attacks. National emergencies are typically declared in response to international crises, such as wars or economic sanctions.

What are the powers of the President during a state of emergency?

The President has a number of powers during a state of emergency, including the power to:

Call up the National Guard
Declare martial law
Seize property
Suspend Habeas Corpus
Restrict travel
Control the flow of information

What are the limitations on the President’s powers during a state of emergency?

The President’s powers during a state of emergency are limited by the Constitution and by Congress. The Constitution prohibits the President from suspending the writ of habeas corpus, except when necessary to suppress an insurrection or rebellion. Congress can also limit the President’s powers by passing laws that restrict the President’s ability to declare a state of emergency or to exercise powers during a state of emergency.

What are some examples of states of emergency that have been declared in the United States?

Some examples of states of emergency that have been declared in the United States include:

The September 11, 2001 terrorist attacks
The Hurricane Katrina disaster in 2005
The H1N1 pandemic in 2009
The Zika virus outbreak in 2016

What are some of the criticisms of the use of states of emergency?

Some of the criticisms of the use of states of emergency include:

That the President can use states of emergency to bypass Congress and to exercise powers that are not authorized by the Constitution.
That states of emergency can be used to violate civil liberties.
That states of emergency can be used to expand the power of the executive branch at the expense of the legislative and judicial branches.

What are some of the arguments in favor of the use of states of emergency?

Some of the arguments in favor of the use of states of emergency include:

That states of emergency can be used to quickly and effectively respond to crises.
That states of emergency can be used to protect the public from harm.
That states of emergency can be used to preserve order and stability.

Sure, here are some MCQs on the topics of the Constitution of India:

The Constitution of India was adopted on:
(a) 26 January 1950
(b) 15 August 1947
(c) 26 November 1949
(d) 12 December 1948
The Constitution of India is based on the principle of:
(a) Federalism
(b) Unitary government
(c) Parliamentary Democracy
(d) Presidential democracy
The President of India is elected by:
(a) The members of the Lok Sabha
(b) The members of the Rajya Sabha
(c) The members of the Lok Sabha and the Rajya Sabha
(d) The members of the Electoral College
The Prime Minister of India is appointed by:
(a) The President of India
(b) The Vice President of India
(c) The Speaker of the Lok Sabha
(d) The Justice-of-india/”>Chief Justice of India
The Supreme Court of India is the highest court in the country. It has:
(a) One Chief Justice and 25 judges
(b) One Chief Justice and 30 judges
(c) One Chief Justice and 35 judges
(d) One Chief Justice and 40 judges
The Parliament of India consists of:
(a) The Lok Sabha and the Rajya Sabha
(b) The Lok Sabha and the President
(c) The Rajya Sabha and the President
(d) The President and the Vice President
The Union Executive consists of:
(a) The President, the Vice President, the Prime Minister and the Council of Ministers
(b) The President, the Vice President, the Prime Minister and the Chief Justice of India
(c) The President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha
(d) The President, the Vice President, the Prime Minister and the Chief Election Commissioner
The Union Judiciary consists of:
(a) The Supreme Court and the High Courts
(b) The Supreme Court and the District Courts
(c) The Supreme Court, the High Courts and the Subordinate Courts
(d) The Supreme Court, the High Courts and the Tribunals
The Fundamental Rights are guaranteed to all citizens of India by:
(a) The Constitution of India
(b) The Indian Penal Code
(c) The Code of Criminal Procedure
(d) The Indian Evidence Act
The Directive Principles of State Policy are:
(a) Fundamental rights
(b) Fundamental Duties
(c) Constitutional obligations
(d) None of the above

I hope these MCQs are helpful. Let me know if you have any other questions.