Explain the President of India’s emergency powers.
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The emergency powers vested in the President of India are outlined in Article 352 to Article 360 of the Indian Constitution. These provisions grant the President extraordinary authority to address situations that pose a threat to the security, integrity, or economic stability of the nation. There are three types of emergencies: National Emergency, State Emergency (President's Rule), and Financial Emergency.
1. National Emergency (Article 352):
The President can proclaim a National Emergency if the security of India, or any part thereof, is threatened by war, external aggression, or armed rebellion. The grounds for declaring a National Emergency must be communicated to the Parliament, and the proclamation is subject to approval by both houses within one month. Once declared, the President gains wide-ranging powers:
Suspension of Fundamental Rights (Article 359): The President can suspend the enforcement of fundamental rights under Article 19 during a National Emergency. However, the rights guaranteed by Articles 20 and 21 cannot be suspended.
Autonomy of States: The President can modify the distribution of revenues between the Centre and the States.
Extension of the Term of the Lok Sabha: The President can extend the term of the Lok Sabha beyond five years during a National Emergency.
Override of the Federal Structure: The federal structure can be overridden, and the Union can give directions to the states on various matters.
2. State Emergency (Article 356):
Commonly known as President's Rule, a State Emergency is declared when the President believes that the government in a state cannot be carried on in accordance with the provisions of the Constitution. The Governor submits a report to the President, and if the President is satisfied that the situation warrants intervention, the elected state government is temporarily suspended, and the state comes under the direct control of the President through the Governor. The state legislature may be dissolved or kept in suspended animation, and the President's rule is initially for a period of six months, but it can be extended with parliamentary approval.
3. Financial Emergency (Article 360):
A Financial Emergency can be declared if the financial stability or credit of India or any part thereof is threatened. This provision has never been invoked to date. If such a proclamation is made, the President can issue directions to reduce salaries and allowances of all or any class of persons serving in the Union, including judges of the Supreme Court and High Courts.
It is important to note that while the President has the authority to declare emergencies, these powers are not absolute. The Constitution provides checks and balances, such as the need for parliamentary approval and periodic review, to prevent misuse of emergency powers. The idea is to ensure that such extraordinary measures are taken only in situations of extreme necessity and that the democratic fabric of the nation is preserved even during challenging times.