We are here to know about the emergency state in India and this is my small trial to share my knowledge about it. Knowledge is power thus its better to know about our country.
These emergency provisions is listed in Part XVIII of our constitution and comes under article 352-360.
There are three circumstances where we consider it as emergency and those are
1.Due to war, armed rebellion or external chaos referred to as national emergency. 2.When the constitution fails to rule the country and the power is given to the president(president's rule) 3.Financial emergency where the country is undergoing financial crisis.
1.National emergency: the president declares this state when the country is facing any external aggression or war. It is stated under article 352.There are two types of National emergency one is external emergency where the threat is caused due to a war and the second is internal emergency where armed rebellion comes into the picture. This is proclaimed when both the houses agree to it and can be for a period of six months and can be extended indefinitely with the approval of both the houses every 6 months. And the approval is by special majority(majority by the total members of the house and two third of majority of the people present in the assembly). And the main thing is our fundamental rights are hampered.
2.President's rule: This is also called as constitutional emergency or state emergency. The characteristic thing about this type of rule is all the power is handed over to the centre and the states are ruled by the president. President can declare this state when he feels it is necessary and it can be executed by just simple majority from either of the houses. Stated under article 356 and 365. This can be in practice up to 6 months and the maximum period being 3 years. State governments autonomy is lost. But our fundamental rights are not deranged.
3.Financial emergency: This is also declared by the president when there is inflation or financial crisis in the country. Can be extended indefinitely with no prohibition and once approved by both houses is enough for it to continue for long enough. There will be actions taken such as reduction in salaries of the officials and cut off of the allowances given to them. Article 360 mentions about president's power of declaring financial emergency.
We will know more about structure and functions of our constitution in the upcoming blogs, till then take care of yourselves, your family and loved ones.