short notes on national emergency
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Short Essay on National Emergency – A nation is an entity that holds a number of lives together, and in times of emergency a nation either stands together or perishes. History has taught us that much repeatedly. ... Article 352 provides for the proclamation of emergency if there is a war or armed rebellion.
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★★National Emergency★★
Originally the Constitution of India has provided for imposition of emergency caused by war, external aggression or internal disturbance which is also called “armed rebellion” (inserted by the 44th Amendment Act).
National emergency can be declared by the President of India if he is satisfied that the situation is very serious and the security of India or any part thereof is threatened or is likely to be threatened.
The President can declare national emergency only if the Cabinet recommends in writing. Such a proclamation of emergency has to be approved by both the Houses of Parliament by absolute majority of the total membership of the Houses as well as 2/3 majority of members present and voting within one month, otherwise the proclamation ceases to operate.
In case at the time of proclamation of emergency the Lok Sabha stands dissolved or is not in session, it has to be approved by the Rajya Sabha within one month and later on by the Lok Sabha also within one month of the start of its next session. Once proclamation of emergency approved by the Parliament, the emergency remains in force for a period of six months from the date of proclamation. In case it is to be extended beyond six months, another prior resolution has to be passed by the Parliament. In this way, such emergency continues indefinitely. But if the situation improves the emergency can be revoked by another proclamation by the President of India.
Three times National Emergency has been declared:
The first emergency was declared on 26 October 1962 after China attacked our borders in the North East. This National Emergency lasted till 10 January 1968.
The second emergency was declared on 3 December 1971 in the wake of the second India-Pakistan War and was lifted on 21 March 1977.
The third National Emergency (called internal emergency) was imposed on 25 June 1975. This emergency was declared on the ground of ‘internal disturbances’.
National Emergency effects:
During a national emergency the executive power of the centre extends to directing any state regarding the manner in which its executive power is to be exercised.
The Parliament becomes empowered to make laws on any subject mentioned in the state list.
During this period, the Lok Sabha can extend its tenure by a period of one year at a time. But the same cannot be extended beyond six months after the proclamation ceases to operate. The tenure of State Assemblies can also be extended in the same manner.
The President is empowered to modify the provisions regarding distribution of revenues between the Union and the States.
The Fundamental Rights automatically suspended and this suspension continues till the end of the emergency. But according to the 44th Amendment Article 19 can be suspended only in case of proclamation on the ground of war or external aggression and not on ground of armed rebellion. Other fundamental rights may also get suspended except Article 20 and 21.
Hope this data is helpful for you(-:
★★National Emergency★★
Originally the Constitution of India has provided for imposition of emergency caused by war, external aggression or internal disturbance which is also called “armed rebellion” (inserted by the 44th Amendment Act).
National emergency can be declared by the President of India if he is satisfied that the situation is very serious and the security of India or any part thereof is threatened or is likely to be threatened.
The President can declare national emergency only if the Cabinet recommends in writing. Such a proclamation of emergency has to be approved by both the Houses of Parliament by absolute majority of the total membership of the Houses as well as 2/3 majority of members present and voting within one month, otherwise the proclamation ceases to operate.
In case at the time of proclamation of emergency the Lok Sabha stands dissolved or is not in session, it has to be approved by the Rajya Sabha within one month and later on by the Lok Sabha also within one month of the start of its next session. Once proclamation of emergency approved by the Parliament, the emergency remains in force for a period of six months from the date of proclamation. In case it is to be extended beyond six months, another prior resolution has to be passed by the Parliament. In this way, such emergency continues indefinitely. But if the situation improves the emergency can be revoked by another proclamation by the President of India.
Three times National Emergency has been declared:
The first emergency was declared on 26 October 1962 after China attacked our borders in the North East. This National Emergency lasted till 10 January 1968.
The second emergency was declared on 3 December 1971 in the wake of the second India-Pakistan War and was lifted on 21 March 1977.
The third National Emergency (called internal emergency) was imposed on 25 June 1975. This emergency was declared on the ground of ‘internal disturbances’.
National Emergency effects:
During a national emergency the executive power of the centre extends to directing any state regarding the manner in which its executive power is to be exercised.
The Parliament becomes empowered to make laws on any subject mentioned in the state list.
During this period, the Lok Sabha can extend its tenure by a period of one year at a time. But the same cannot be extended beyond six months after the proclamation ceases to operate. The tenure of State Assemblies can also be extended in the same manner.
The President is empowered to modify the provisions regarding distribution of revenues between the Union and the States.
The Fundamental Rights automatically suspended and this suspension continues till the end of the emergency. But according to the 44th Amendment Article 19 can be suspended only in case of proclamation on the ground of war or external aggression and not on ground of armed rebellion. Other fundamental rights may also get suspended except Article 20 and 21.
Hope this data is helpful for you(-:
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