Charu Latha
Any detrimental situation that may arise in a state or the nation as a whole or in its stability demands immediate action from the highest authority of the Nation, ‘The President’. Hence, Part XVIII of the Indian Constitution deals with the Articles (Art.352-360) on Emergency Provisions which may be invoked to address the emergency situation. The emergency provisions have been classified into three categories:
National Emergency
State Emergency
Financial Emergency
NATIONAL EMERGENCY:
National emergency is imposed whereby there is a grave threat to the security of India or any of its territory due to war, external aggression or armed rebellion.
War: When a country declares a formal war against India and there is a violent struggle using armed forces.
External Aggression: When a country attacks another country without any formal declaration of war.
Armed Rebellion: When a group of people rebel against the present government which will result in destruction of lives and property.
Amendments brought forward in this regard:
STATE EMERGENCY:
On the receipt of a report from the Governor of a particular State, the President of India has the power to proclaim State Emergency. The case, S.R Bommai v. Union of India is a landmark case in respect of imposing President’s Rule in any State. Judicial Review of the President’s Rule was made possible by this case.
President’s Rule can be judicially reviewed and the President becomes answerable only when the Emergency is imposed in certain cases, which are:
When there is Constitutional non-conformity by the State with the direction of the Union .
When there is a political crisis in the State.
When there is an internal subversion in the State.
Amendments brought forward in this regard:
FINANCIAL EMERGENCY:
The President, if satisfied that the financial stability or the credit of India or any part of its territory is threatened, a financial emergency may be declared. Such a decision should be laid before both the Houses of the Parliament and ceases to operate at the expiration of two months unless meanwhile approved by the resolution of Houses.
During the operation of the financial emergency, the executive authority of the union extends to the point wherein directions are given to any state to observe certain specified canons or financial propriety and such other directions that the President may find necessary.
Comments