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Home/ Questions/Q 1418
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N.K. Sharma
N.K. Sharma
Asked: January 16, 20242024-01-16T16:58:04+05:30 2024-01-16T16:58:04+05:30

Write a brief note on Emergency provisions in the Indian Constitution.

Write a little essay about the Indian Constitution’s emergency provisions.

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    1. Himanshu Kulshreshtha Elite Author
      2024-01-16T16:59:12+05:30Added an answer on January 16, 2024 at 4:59 pm

      The Emergency provisions in the Indian Constitution are a set of special provisions outlined in Articles 352, 356, and 360, which empower the central government to deal with exceptional circumstances when the normal functioning of the country's governance is threatened. Here's a brief note on these provisions:

      1. National Emergency (Article 352):
      2. Article 352 empowers the President to declare a National Emergency if the security of India is threatened by war, external aggression, or armed rebellion.
      3. During a National Emergency, fundamental rights under Article 19 can be suspended, and the federal structure can be altered, giving more powers to the central government.
      4. A National Emergency must be approved by the Parliament within one month and can be extended indefinitely with periodic parliamentary approval.

      5. President's Rule (Article 356):

      6. Article 356 allows the President to impose President's Rule (Governor's Rule in the case of states) when the constitutional machinery in a state has broken down, and the state cannot be governed according to the provisions of the Constitution.
      7. The state's elected government is temporarily suspended, and the state is ruled by the Governor or the President on the advice of the Union Cabinet.
      8. President's Rule should be approved by Parliament within six months and can be extended for up to three years with periodic approval.

      9. Financial Emergency (Article 360):

      10. Article 360 allows the President to proclaim a Financial Emergency if there is a threat to the financial stability or credit of India.
      11. During a Financial Emergency, the President can issue directions to the states to reduce unnecessary expenditure, and the center can take control over the financial management of the states.
      12. A Financial Emergency must be approved by the Parliament within two months and can be extended indefinitely with periodic parliamentary approval.

      These emergency provisions are an essential part of the Indian Constitution, providing a mechanism for the government to respond to extraordinary situations while also safeguarding democratic principles and fundamental rights. They are not meant to be used lightly and are subject to strict constitutional and parliamentary oversight.

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