Question

the emergency power of the president is not absolute justify the statement.
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Answer 1

Answer:

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Title of the topic basically talks about two main and important factors of Indian constitution of India i.e. “Emergency provision & fundamental rights”

When the Constitution of India was being drafted, India was passing through a period of Stress and strain. Partition of the country, communal riots and the problem concerning the Merger of princely states including Kashmir. Thus, the Constitution-makers thought to Equip the Central Government with the necessary authority, so that, in the hour of emergency, When the security and stability of the country is threatened by internal and external threats. Therefore, some emergency provisions were made in Constitution to safeguard and protect the security, integrity and stability of the country and effective functioning of State Governments.

Keeping in view the above stated points constitution makers inserted three kinds of emergency.

Emergency provision falls in PART-XVIII of the constitution of india from art.352 to art. 360

1. National emergency (Article 352 of the constitution of india)

2. State emergency (Article 356 of the constitution of india)

3. Financial emergency (Article 360 of the constitution of india)

Before moving to other points first we shall look into emergency provision and elaborate them.

Answer 2

Answer :

'The emergency power of the president is not absolute', because the president can declare a state of emergency only on the written advice of the council of ministers . Also the position of the president of india is just a nominal, the constitution recognises her/his position as one of the authority and prestige.

Hope it will help you!!!