Types of Emergency Provisions


 
 
Concept Explanation
 

Type of Emergency Provisions

(A) National Emergency (Art. 352)-The President may declare a state of emergency throughout the country or in any part of the country on the following grounds- (i) in case of war, or (i) in case of external aggression, or (iii) In the event of armed rebellion.

  • The Constitution originally has the term 'internal disturbance', but the 44th Constitution (Amendment) Act 1978 replaced the term 'armed rebellion'. The 44th Constitution Amendment provided that the President can declare national emergency on the written recommendation of the Cabinet only.
  • The word 'Cabinet' in Article 352 (3) of the Constitution refers to 'Council of Ministers of Cabinet level including Prime Minister'.
  • The declaration of emergency has to be approved by both the Houses of Parliament within a month. Emergency on approval of Parliament may continue for 6 months. Emergency can continue indefinitely with the approval of Parliament for every 6 months. So far, the National Emergency has been declared thrice in the year 1962, 1971 and 1975.
  • During the national emergency, the President enjoys the following extraordinary powers-
  • (1) He can direct any State regarding the manner of exercising its executive powers

    (2) He may extend the normal term of the Lok Sabha for a period of one year at a time

    (3) He may amend the system of distribution of financial resources between the Union and the State.

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    Sample Questions
    (More Questions for each concept available in Login)
    Question : 1

    Which of the following amendment is related to National emergency ?

    Right Option : C
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    Explanation
    Question : 2

    On declaration of Financial Emergency in India, Parliament has to give its approval within ____________________ months.

    Right Option : A
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    Explanation
    Question : 3

    Which of the following are incorrect :

    (a) A State Emergency is declared in the whole country, or in the whole state or any part of the state concerned.

    (b) The declaration of National Emergency in the 38th Constitutional Amendment Act of 1975 was outside the purview of Judicial Review but that provision in 1978 by the 44th Amendment was abolished by law

    (c) The Parliament may declare a Financial Emergency when he is satisfied with the fact that the state of financial stability in India or any part of it is at risk.

    Right Option : C
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    Explanation
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