why is such an emergency often referred to as president's rule
Answers
Answer:
when there is a war or political unrest
Answer:
The emergency provisions are contained in part XVIII of the constitution, from articles 352 to 360. National Emergency is mentioned in the article 352 and president’s rule is mentioned in article 356 of the Indian constitution. During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution.
Explanation:
NATIONAL EMERGENCY (Art- 352)
1. It can be proclaimed only when the security of India or a part of it is threatened by war, external aggression or armed rebellion.
2. During its operation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution.Its effect is that the Centre gets concurrent powers of administration and legislation in the state.
3. The Parliament can make laws on the subjects enumerated in the State List only by itself, i.e. it can’t delegate the same to any other body or authority.
4. There is no maximum period prescribed for its operation. It can be continued indefinitely with the approval of Parliament for every six months.
5. Under this, the relationship of the Centre with all the states undergoes a modification.
6. It affects fundamental rights (FR) of the citizens.
7. Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority.
PRESIDENT' S RULE (Art- 356)
1. It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion.
2. During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre.
3. The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him. So far, the practice has been for the president to make laws for the state in consultation with the members of Parliament from that state.
4. There is a maximum period prescribed for its operation, that is, three years. Thereafter, it must come to an end and the normal constitutional machinery must be restored in the state.
5. Under this, the relationship of only the state under emergency with the Centre undergoes a modification.
6. It has no effect on Fundamental Rights (FR) of the citizens.
7. Every resolution of Parliament approving its proclamation or its continuance can be passed only by a simple majority.
These were the key differences of President's rule and Emergency. Also there are three types of emergency
a. National Emergency (given above)
b. Financial Emergency (Art- 360)
c. State Emergency ( Presidential Rule)
Therefore it's clear that the State Emergency is also called as President Rule, under Article 356. Astate of emergency can be declared in any state of India (except a special case in Jammu and Kashmir) underarticle 356 on the recommendation of the governor of the state.
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