National Emergency
When a nation is facing external aggression or is engaged in a war with another nation, a state of national emergency is declared. The Indian Constitution defines a national emergency in Article 352. The first citizen of the nation, our president, declares a state of emergency. Before a state of war or an external threat occurs, he has the authority to declare an emergency.
If a national emergency is declared due to a war, it may also be referred to as a “External Emergency.” On the other hand, an “Internal Emergency” is a National Emergency that is declared in response to an “armed rebellion” or an inside threat.
The Houses’ Approval
The Lok Sabha and Rajya Sabha must both approve the national emergency within 30 days of its declaration. In the unlikely circumstance that an emergency is declared during this period and the Lok Sabha is dissolved, it shall remain in effect for one month provided the Rajya Sabha gives its approval. The emergency can be declared for up to six months after permission is received, and it can be renewed every six months by the houses, if necessary. An emergency can be passed by two-thirds of the members of each house who are currently in session, or by the majority of the members of the houses combined.
Revocation of the National Emergency
Even while the houses must approve the emergency imposition, they are not required to approve its withdrawal. The President alone has the authority to cancel it once he determines that there is no longer an emergency and that things have calmed down. In the event that the Lok Sabha decides against renewing it after six months, it needs to be withdrawn.
Impact of the National Emergency
In the event of a national emergency, the centre assumes executive authority and commands the state on all issues. If there is a national emergency, the centre may enact legislation on matters under state jurisdiction. Also, the President has the authority to divide federal resources between the federal government and the states during a national emergency. This means that the President may decide to restrict or eliminate funding transfers from the federal government to the states.
In an emergency, the Lok Sabha’s term may be prolonged and lengthened by six months at a time. Article 359 allows the president to suspend certain fundamental rights, but not all of them during a state of national emergency.
Emergency Provisions – UPSC Notes
Emergency Provisions: The emergency provision is a unique feature of the Indian Constitution. It allows a federal government to become a unitary government depending on the circumstances. The Indian Constitution has provisions for emergencies in Part Eighteen. The President of India possesses the authority to enforce emergency rules in any or all of the Indian states. In this article, we will look into various types of emergency provisions and their historical background in detail.
Table of Content
- What are Emergency Provisions?
- Historical Background of Emergency Provisions
- Types of Emergencies
- National Emergency
- The President’s Rule or Constitutional Emergency
- Financial Emergency
- Criticism of Emergency Provisions
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