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In India, a state of emergency is a designated period of rule that the President of India can declare in response to specific crisis scenarios. Based on the guidance of the cabinet of ministers, the President has the authority to suspend numerous provisions of the Constitution that ensure the protection of Fundamental Rights for Indian citizens. There are three types of emergencies: national, state, and financial. During an emergency, fundamental rights can be suspended or restricted. The President of India has the authority to declare an emergency based on the advice of the cabinet. Emergency provisions address serious threats to the nation's security, stability, or financial integrity.
Emergency Provisions UPSC is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.
From the UPSC CSE point of view, read the full article on Emergency Provisions in Indian Constitution UPSC to know more details about the emergency provisions mentioned in the Constitution of India.
Emergency Provisions are constitutional provisions in India that empower the President to take certain extraordinary actions during times of emergency. These provisions are outlined in Articles 352, 356, and 360 of the Indian Constitution.
Emergency provisions in Indian constitution are mentioned in part XVIII of the Indian constitution from Article 352-360. These provisions help the central government to tackle any abnormal situations. These provisions help federal nature transforms into unitary nature. The central government becomes more powerful and has the authority to control the state.
There are different emergency provisions mentioned in the constitution. Types of emergency in india are listed below.:
Read the article on the Major Features Of The Constitution!
Types of Emergency Provisions in Indian Constitution |
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Basis of Classification |
National Emergency |
Constitutional Emergency |
Financial Emergency |
Grounds of Declaration |
|
|
Financial instability |
Parliamentary Approval |
Approval by both the houses by special majority within 1 month of issue of proclamation. |
Approval by both the houses by special majority within 2 months of issue of proclamation. |
Approval by both the houses by special majority within 2 months of issue of proclamation. |
Revocation of Proclamation |
|
By the President. |
By the President. |
Implementation |
It has been invoked three times in India during 1962, 1971 and 1975. |
President’s Rule has been invoked more than 115 times in India. |
Not Yet Invoked |
Judicial review |
Allowed |
Allowed |
Allowed |
Article |
Article 352 |
Article 356 |
Article 360 |
Check out the article on the Indian Parliament And its Functions here.
National Emergency in India is declared due to war, external aggression, or armed rebellion. The President can suspend or restrict fundamental rights guaranteed by the Constitution. A national emergency requires parliamentary approval to remain in effect beyond six months. It is a temporary measure intended to restore normalcy and stability in the country.
Under Article 352 of Indian constitution, the president of India declares a national emergency when the security of India or a part of it, there is threat:
The declaration of national emergencies has significant implications for both individual rights and state sovereignty:
Know more about the Preamble to the Indian Constitution here.
The responsibility of the Union Government is to ensure that the administration of a State complies with the Constitution's requirements. Article 356 specifies that if, based on information from the Governor of the State or other sources, the President believes that a state government is unable to function smoothly, a proclamation of President's Rule may be issued. In such a scenario, the President's declaration of emergency is referred to as a "breakdown of constitutional machinery.
Know more about the Parliamentary System in India here.
A financial emergency in India is declared due to a severe financial crisis. The President of India declares it. The central government gains additional powers during a financial emergency to address the financial crisis effectively. The President can issue directions to the states to follow certain financial measures. A financial emergency requires parliamentary approval to remain in effect beyond two months. It is a temporary measure intended to stabilize the country's financial situation.
Read the article on the Types Of Majorities In The Indian Parliament!
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