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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: March 2, 20242024-03-02T11:29:14+05:30 2024-03-02T11:29:14+05:30In: Political Science

Discuss the Emergency powers of the President of India.

Examine the President of India’s powers in cases of emergency.

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    1. Ramakant Sharma Ink Innovator
      2024-03-02T11:29:57+05:30Added an answer on March 2, 2024 at 11:29 am

      The President of India, as the ceremonial head of state, is entrusted with certain emergency powers under Article 352 to 360 of the Indian Constitution. These provisions empower the President to take extraordinary measures in the face of grave threats to the nation's security, integrity, or economic stability. The emergency powers are categorized into three types: National Emergency, State Emergency, and Financial Emergency.

      1. National Emergency (Article 352):

      • Conditions for Proclamation: The President can proclaim a National Emergency if there is a threat to the security of India by war, external aggression, or armed rebellion. This extraordinary step suspends the normal functioning of the federal structure and vests extensive powers in the central government.

      • Effects: During a National Emergency, the federal structure can be altered, and the President can issue orders that would normally be outside the purview of the central government. Fundamental Rights under Article 19 can be suspended, and the states come under the direct control of the central government.

      • Duration: A National Emergency must be approved by both houses of Parliament within a specified time. The initial proclamation lasts for six months, but it can be extended indefinitely with parliamentary approval every six months.

      2. State Emergency (Article 356):

      • Conditions for Proclamation: If the President is satisfied that a particular state is not being governed in accordance with the Constitution, the President can declare a State Emergency, also known as President's Rule, on the advice of the Governor or the Union Cabinet.

      • Effects: The elected state government is dismissed, and the state comes under the direct control of the President. The Governor, appointed by the President, becomes the chief executive, and the state legislature is either dissolved or suspended.

      • Duration: The State Emergency initially lasts for six months but can be extended up to three years with the approval of both houses of Parliament.

      3. Financial Emergency (Article 360):

      • Conditions for Proclamation: The President can proclaim a Financial Emergency if the financial stability or credit of India or any part thereof is threatened. This power has never been invoked in independent India.

      • Effects: The President can reduce the salaries of all government officials, including judges, and the executive authority of the Centre extends to giving directions to the states for the purpose of financial stability.

      • Duration: Like other emergencies, a Financial Emergency must be approved by both houses of Parliament within two months. Its initial duration is two months but can be extended indefinitely with parliamentary approval every six months.

      While these emergency powers provide the President with a tool to address extraordinary situations, they are subject to constitutional checks and balances. Parliament's role in approving and reviewing emergency proclamations ensures that the President's powers are not misused. The judiciary also plays a crucial role in scrutinizing the validity of emergency measures to prevent any abuse of power. The framers of the Indian Constitution designed these provisions with a careful balance between the need for strong central authority during crises and the preservation of democratic principles.

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