distinguish between two types of emergency provisionis under article352 and article 356?
Answers
Answered by
1
National Emergency (Article 352):
If the president of the state is not satisfied with a grave emergency exists whereby the security of India or any part is threatened whether by war or external aggression or an armed rebellion, then he may proclaim a state of national emergency for the whole of India or a part of India.Such a proclamation of emergency may be revoked by the president subsequently.The proclamation of emergency made under article 352 may be subjected to the judicial review and its constitutionally can be questioned in a court of law on the grounds of malafide.The proclamation made must be approved by both the houses of parliament within one month after the proclamation.The effect of the proclamation of emergency is the emergence of the full-fledged Unitary Government.
State Emergency (Article 356):
Article 356 provides that if the President, on receipt of a report from the Government of a state or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on by the provisions of the Constitution, the President may issue a proclamation.By that proclamation, the president may assume to himself all or any of the powers vested in the Governor and may declare that the powers of the legislature of the State shall be exercisable by the Parliament.The proclamation issued under Article 356 must be laid before each House of the Parliament. If the proclamation is not approved by both Houses, it will expire in two months.The Proclamation is so approved by Parliament (by simple majority) shall be in operation for six months. However, it may be revoked in between or extended further by the Parliament.
hope it helps
#follow
If the president of the state is not satisfied with a grave emergency exists whereby the security of India or any part is threatened whether by war or external aggression or an armed rebellion, then he may proclaim a state of national emergency for the whole of India or a part of India.Such a proclamation of emergency may be revoked by the president subsequently.The proclamation of emergency made under article 352 may be subjected to the judicial review and its constitutionally can be questioned in a court of law on the grounds of malafide.The proclamation made must be approved by both the houses of parliament within one month after the proclamation.The effect of the proclamation of emergency is the emergence of the full-fledged Unitary Government.
State Emergency (Article 356):
Article 356 provides that if the President, on receipt of a report from the Government of a state or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on by the provisions of the Constitution, the President may issue a proclamation.By that proclamation, the president may assume to himself all or any of the powers vested in the Governor and may declare that the powers of the legislature of the State shall be exercisable by the Parliament.The proclamation issued under Article 356 must be laid before each House of the Parliament. If the proclamation is not approved by both Houses, it will expire in two months.The Proclamation is so approved by Parliament (by simple majority) shall be in operation for six months. However, it may be revoked in between or extended further by the Parliament.
hope it helps
#follow
Similar questions
Computer Science,
7 months ago
Social Sciences,
7 months ago
Math,
7 months ago
English,
1 year ago
English,
1 year ago
English,
1 year ago