critically examine the emergency power of the President of India and their impact on democratic functioning of the country
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Answer:
Emergency powers. The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.
During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.
Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by "war or external aggression or armed rebellion".
Answer:
An emergency due to war, an external aggression or armed rebellion [Article 352]. ... review of the validity of the proclamation of emergency issued by the president ... i) a National Emergency is already in operation; or if
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