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.
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.
Related Questions
When can any State of the Indian Union be placed under the President's rule?
People of great integrity and eminence have always held the high post of President of the Indian Republic. In this context, explain the following :
(a) Who is elected as the President of India?
(b) How is the President of India elected?
(c) Explain how the President of India can be removed from office?
The President of India enjoys vast powers. In this context, explain :
(a) His executive powers
(b) His legislative powers
(c) His judicial powers.
With reference to the Vice President of India, explain the following :
(a) How is the Vice President of India elected?
(b) What are his functions?