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History & Civics

Of all the powers vested in the President of India, his emergency powers have the most far-reaching effects. Keeping this theory in view, describe the following :

(a) Emergency caused as a result of a threat to the security of India.

(b) Emergency caused as a result of the breakdown of the constitutional machinery.

(c) Financial Emergency.

Union Parliament

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Answer

(a) National Emergency can be declared in the whole of India or a part of its territory in case of war or external aggression or armed rebellion. Under Article 352, the President can declare such an Emergency only on the basis of a written request by the Union Cabinet headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. It can be imposed for 6 months at a time, and can be extended by 6 months by repeated parliamentary approvals, with no maximum duration.

(b) State emergency or President's rule is proclaimed by the President when he is fully satisfied, on the basis of the report of the Governor of the concerned state that the constitutional machinery has broken down or the government can not be carried-out according to the provisions of the Constitution. Such an Emergency must be approved by the Parliament within a period of 2 months. Such an Emergency can be imposed from 6 months to a maximum period of 3 years with repeated parliamentary approvals every 6 months. If the Emergency needs to be extended beyond a period of 3 years, this can be achieved by a constitutional amendment.

(c) Under Article 360 of the Constitution, President can proclaim a Financial Emergency when the financial stability or credit feasibility of the nation or of any part of its territory is threatened or has occurred or is likely to occur. Such an Emergency must be approved by the Parliament within two months by a simple majority.

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