under the circumstances can the President of India declared emergency in the country ? what are the implications of national emergence? about 250 words
Answers
Answer:
1. General emergency: If the President is satisfied that a grave emergency exists where by the security of India is threatened, either by war or by external aggression or armed rebellion, the President can proclaim this emergency. The President can do this only after getting the approval in writing of the Union Cabinet.
2. State emergency: If the President, on receipt of a report from the governor or otherwise, is satisfied that the governance of a State cannot be carried on in accordance with the provision of the Constitution, he may bdeclare an emergency in the State.
3. Financial emergency: If the President is satisfied that a situation has arisen whereby the financial stability or credit of the nation is threatened, he can declare financial emergency.
Explanation:
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Answer:
under the circumstances can the President of India declared emergency in the country.
President Rule, under Article 356
A state of emergency can be declared in any state of India under article 356 on the recommendation of the governor of the state. Every state in India except two states, Chhattisgarh and Telangana has been under a state of emergency at some point of time or the other. The state of emergency is commonly known as 'President's Rule' and is usually not referred to as 'State Emergency' for a number of reasons.
If the President is satisfied, based on 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/she may declare an emergency in the state. Such an emergency must be approved by the Parliament within a period of two months.
It is imposed for an initial period of six months and can last for a maximum period of two years with repeated parliamentary approval every six months.The 42nd amendment act of 1976 extended the initial time duration of President Rule from 6 months to 1 year. Subsequently, 44th CAA 1978 restored the 1-year period back to 6 months. Originally, the maximum period of operation of President Rule was 3 years. This 3-year period was divided into 1 year of ordinary period and 2 years of extra ordinary period for which certain conditions are to be fulfilled. Therefore, from now on after every 1 year Parliament needs to approve the same. If the emergency has to be extended for more than three years, it can only be done by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.
During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval. In this occasion ministers of state legislature do not perform actions in state.