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Emergencies are defined as the failure of the social system to give or provide reasonable conditions of life to the residents of a nation. These kinds of circumstances arise out of nowhere. These can impact the system for a longer duration of time. In a nation like India, these emergency powers are such that the Constitution enables the government to acquire its strength whenever the situation demands. During such urgent times, there are some pacific point methods taken into consideration to protect federalism in a nation. These powers granted in the time of emergency and executed by the President of India are generally a part of this.
About The Emergency Power
The Emergency Power in the Constitution outlined in Part XVIII (Article 352-360) of the Indian Constitution is intended to protect the State’s sovereignty, unity, integrity, and security. The President can proclaim three types of crises under Articles 352, 356, and 360: national, state (President’s Rule), and financial, as well as issue ordinances under Article 123.
These emergency powers of the President are as follows:
National Emergency
War, external invasion, or armed revolt can be grounds for declaring a national emergency. In the Constitution, such a scenario is referred to as a “proclamation of emergency.” According to Article 352, the President may declare a national emergency if the security of India or a portion of it is jeopardised by war, external aggression, or armed rebellion.The President may proclaim the entire country or a specific region. (This was added in 1976 by the 42nd Constitutional Amendment Act.)Every proclamation issued under Article 352 (excluding those cancelling earlier proclamations) must be brought before each house of Parliament and approved by them with a special majority. i.e., by a majority of the entire membership of that house and a majority of not less than two-thirds of those members present and voting.So far, three declarations of emergency under Article 352 have been made (in 1962, 1971, and 1975)Due to foreign attacks in 1962 and 1971In 1975, as a result of internal strife.
Financial Emergency
Article 360 of the Indian Constitution authorises the President to declare a Financial Emergency if he believes that a situation has developed India’s financial stability or credit or any portion of its territory. It is based on the 1933 National Recovery Act of the United States, which was enacted to alleviate the economic impacts of the Great Depression.The executive and legislative authorities will be concentrated in the centre in such a case. Like the other two types of crises, it must be approved by Parliament.Since the adoption of the Constitution, no financial emergency has been declared. The President may declare a new state of emergency power of the Constitution by making a new proclamation.In such a case, the executive and legislative powers would be transferred to the centre. Like the other two types of crises, it must be approved by Parliament. A proclamation of this type, like a declaration of national emergency, must be presented to both Houses of Parliament for approval. A proclamation that has been authorised will expire six months after it was made unless it is rescinded.
President’s Rule
According to Article 356, the President may declare a state of emergency if he is convinced, based on a report from the Governor of the State or other evidence, that a situation has developed in which the State’s government cannot function regularly. In such a case, the President’s declaration of emergency is characterised as a “proclamation on account of constitutional machinery’s failure (or breakdown).” This is commonly referred to as ‘President Rule.’ A proclamation of this type, like a declaration of national emergency, must be presented to both Houses of Parliament for approval. A proclamation that has been authorised will expire six months after it was made unless it is rescinded. The only person who can remove the President’s rule is the President.
The following are some examples of when the emergency powers of the President’s rule are enforced:
- The Council of Ministers lost its parliamentary majority
- State administration fails to ensure public order and peace. State administration opposes secular ideals [Case of S.R. Bommai]
- Failure to follow directives issued under Article 365 is likewise grounds for invoking Article 356
Conclusion
Under the Emergency Provisions, the President is given considerable authority to deal with unexpected and extraordinary situations. Any abuse of these powers has the potential to undermine democracy. The Emergency provisions largely affect the nation’s territorial structure, making it more majoritarian and therefore attempting to protect the community’s demands and the individual. While we recognise the necessity for it, we also believe that, unlike the 1975 emergency, a check-and-balance system can be put in place to ensure that the governing party and the government do not misuse their power. The judiciary has repeatedly attempted to guarantee that people’s fundamental human rights are not violated through numerous judgements.
