Question

explain the three situations under which the president of Indian can proclaim emergency

Answer 1

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.

National emergency

A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 (Indo China war), 1971 (Indo Pakistan war) and 1975 to 1977 (declared by Indira Gandhi).

Under Article 352 of the India Constitution, the President can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the P.M .Such a proclamation must be approved by the Parliament with two thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration.

State emergency

If the President is fully satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of 2 months.

A State Emergency can be imposed via the following:

By Article 356 – If that state failed to run constitutionally, i.e. constitutional machinery has failed. When a state emergency is imposed under this provision, the state is said to be under "President rule's”.

By Article 365 – If that state is not working according to the direction of the Union Government issued per the provisions of the constitution.

This type of emergency needs the approval of the parliament within 2 months.

Financial emergency

Article 282 accords financial autonomy in spending the financial resources available with the states for public purpose.

Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the union government. However union government can insist for compliance of its loan terms when a state has outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India.

Answer 2

The President of India is empowered to proclaim a State of financial emergency if he is ” satisfied that a situation has arisen whereby the financial stability or credit of Indiaor of any part of the territory there of is threatened”.