describe Emergency power of the
president of the India ?
Answers
hii mate:-
Explanation:
The President of India has the power to declare three types of emergency.
- They are National Emergency, State Emergency and Financial Emergency.
- Under the Government of India Act 1935, the Governor-General had similar powers.
- The emergency powers of the President are of far-reaching significance...
Answer:
(a) National Emergency-
If the President is satisfied that a grave emergency exists whereby the security of India or of any part of territory thereof is threatened, whether by war or external aggression or armed rebellion he may, by proclamation, make declaration to that effect.
If the President believes that there is a threat to the security of India or to the security of a part of India, he has the power to declare National Emergency. Such threat to India’s security or to the security of any part of its territory may be caused when another country declares war against India or attacks it. It may also be caused by armed rebellion.
Because of fear that the President of India may misuse this power, it has been provided in the 44th Amendment that the President cannot declare National Emergency without the written advice of the Union Cabinet.
(b) Proclamation of Failure of Constitutional Machinery in a State-
Under Article 356 the President can promulgate the failure of constitutional machinery in a state if he is satisfied either on the basis of a report from the Governor of that State or otherwise that the government of that state cannot be carried on in accordance with the provisions of the constitution. He can also issue such a proclamation if a state has failed to carry out a direction of the Union Government given by it in exercise of its executive power to the state.
It is important to note that the President can declare ‘State Emergency’ or President’s Rule either on the basis of a report of the Governor or otherwise that the constitutional machinery of that state has failed. Thus, at times, the President may declare State Emergency even when he has not received a report from the state Governor saying that the constitutional machinery of that state has failed.
Consequences of the Proclamation of State Emergency
1. During state Emergency, the President of India assumes all executive power of the state to himself. The state administration is run directly by him or through a person designated for the purpose by him. It is the Governor of state who runs the state administration on behalf of the President.
2. During the President’s Rule, the state assembly is either dissolved or kept under suspended suspension. The state assembly is kept under suspended animation if there is hope that a new council of ministers can be formed within a short time. During this period, the MLAs do not lose their membership of the Assembly, nor is there election held to the assembly. Therefore some scholars have described state Emergency as ‘Half Emergency.’
3. The Parliament makes laws an all items included in the state list. It also passes the state budget. However, if the Lok Sabha is not in session, the President may authorize any expenditure from the consolidated fund of India.
4. During the State Emergency, the High Court of the state, as before, functions independently without any of its powers being curtailed.
5. The president has also power to proclaim ordinances in the state.(c) Financial Emergency-
Under Article 360, the President of India can proclaim Financial Emergency if he is satisfied that the financial stability or the credit of India or of any part of its territory is threatened. The effects of financial emergency are:
1. The Union Executive will have authority to give directions to any state to observe cannons of financial propriety.
2. The President may issue directions requiring reducing the salary and allowance of all or any class of persons serving in the Union or State Government including the Judges of the Supreme Court and High Courts.
3. The money bills, duly passed by state legislatures, may be reserved for the consideration of the President.
4. The allocation of revenue between the centre and the state may be altered by the President.