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Discuss the emergency provisions enshrined in the Indian Constitution. Have they been the same since beginning? Examine. (150 words)
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Emergency provisions are provided in constitution for certain occasions. Part 18, article 352 to 360 deals with the emergency provisions.
1. National emergency ( article 352)
President can declare National emergency under following circumstances. All the state legislatives come under the central controll during emergency period
I War
II. External aggression
III. Armed rebellion
42 nd and 44 th constitutional amendments made some changes in emergency provisions existed before.
1.Approval of parliament is necessary within one month after the declaration. Earlier it was 2 months.
2. Internal disturbance substituted with armed rebellion
3. Written recommendation of cabinet is necessary. Before the amendment declaration can be done on the advice of prime minister
4.special majority is needed. Before it needs only simple majority
5 fundamental right under article 19 can be suspended 20&21 will remain in force
2. State emergency (article 356)
President can declare state emergency if the state legislative is not working as per the norms of constitution.state legislative can be suspended or dismissed
3. Financial emergency (article 360)
If the economy of the country is in threat then president can declare financial emergency.austerity measures are taken under financial emergency like the assent of president is necessary for any money bill of state legislative and reduce the salary of judges and officials
Emergency provisions are provided in constitution for certain occasions. Part 18, article 352 to 360 deals with the emergency provisions.
1. National emergency ( article 352)
President can declare National emergency under following circumstances. All the state legislatives come under the central controll during emergency period
I War
II. External aggression
III. Armed rebellion
42 nd and 44 th constitutional amendments made some changes in emergency provisions existed before.
1.Approval of parliament is necessary within one month after the declaration. Earlier it was 2 months.
2. Internal disturbance substituted with armed rebellion
3. Written recommendation of cabinet is necessary. Before the amendment declaration can be done on the advice of prime minister
4.special majority is needed. Before it needs only simple majority
5 fundamental right under article 19 can be suspended 20&21 will remain in force
2. State emergency (article 356)
President can declare state emergency if the state legislative is not working as per the norms of constitution.state legislative can be suspended or dismissed
3. Financial emergency (article 360)
If the economy of the country is in threat then president can declare financial emergency.austerity measures are taken under financial emergency like the assent of president is necessary for any money bill of state legislative and reduce the salary of judges and officials