Question

Explain the three situations under which the President of India can proclaim emergency


ans in short plzzzzz​

Answer 1

Presidential Emergency .

The President of India is provided with certain emergency powers . These are -

1. National emergency :-

( Article 352 )

→ Such emergency is declared when war like conditions emerges or armed rebellion .

→ This emergency can only be imposed when the president gets a written advice from the Prime minister .

→ This emergency can lasted for a maximum of 3 years .

→ Except right to life and personal liberty all rights got suspended.

2. President's Rule :-

( Article 356 and 365 )

→ It is also called state emergency. In which the President suspenses the already existing state government of that specific state. And after that the state come under the control of centre government directly .

→ The governor plays a major role in implementation of such emergencies. When the governor in written or verbal advices the president that the the government is not working according to the constitution then the president implies it.

→ According to article 365 the president can also imply the the state emergency when the state government cannot effectively implies the policies made by central government or when the state government don't follow the instructions given by the central government .

3. Financial emergency :-

( Article 360 )

→ When the financial condition of countries not well or threatened then search condition the president can impose financial emergency .

→ Only the supreme court of India has the power to review this emergency .

Answer 2

Emergency Powers of Indian President:

The President of India can proclaim three kinds of emergencies according to the Indian Constitution.

1) NATIONAL EMERGENCY:

{ Article - 352 }

• If the president thinks that a grave emergency exists in the country or any part of Indian territory is threatened by war or armed rebellion, he may impose emergency.

• This emergency is imposed in the advice of Union Council of ministers.

• During this emergency, all the rights are suspended except Article 20 and 21.

• The time period of this emergency is 6 months but it can be extended by approval of Parliament.

2) CONSTITUTIONAL EMERGENCY:

{ Article - 356 }

• The president can impose constitutional emergency on the basis of report by governor of the state.

• The report says that the state can't function according to the Constitution.

• This type of emergency is also known as "President's rule" in the state.

• The time period of this emergency is 6 months but it can be extended by approval of Parliament.

3) FINANCIAL EMERGENCY:

{ Article - 360 }

• The president declares financial emergency when there is a financial instability in the country or state.

• During this emergency, the salaries of administrative personnel can be reduced.

• All the money bills of the state legislature will be reserved for the consideration of president.