Emergency in Indian Constitution
As per Article 355 of the Indian Constitution, the president can impose a state emergency using his powers if he finds out from the governor’s report that the state is unable to function according to the constitution of India or if there is any failure in constitutional machinery in a state.
We will try to understand the whole implementation process of State Emergency in India in simple steps.
- This process of the President’s Rule begins with the governor’s report. If the governor of state believes that there is a problem in the functioning of the state according to the constitution, then he writes a letter to the president describing the complete situation.
- The Union of Ministers, headed by the prime minister, reviews the condition of the state and decides whether or not President’s Rule is necessary for the state.
- On the advice of the Union Council of Ministers, the president can impose the president’s rule. When a proclamation is issued, state legislative powers are transferred to the president.
- The proclamation is then placed in front of the Houses of Parliament. If they agree, within a period of two months, it can continue for up to six months at a time and can be extended for a maximum of three years in total with parliamentary approval. If they disapprove, the president’s rule can be revoked.
- During the period of the President’s Rule, the state legislative assembly remains suspended, and the President, through the Governor, governs the state directly.
Also Check: Emergency Provisions UPSC Notes
Emergency in India, Reason, History and Types
The emergency in India was one of the most controversial periods in its history. It was Indira Gandhi’s decision to impose an Indian Emergency, which was agreed upon by the President of India, the Cabinet, and the Parliament from July to August 1975.
A state of Emergency refers to a special situation where the President of India can change the normal functioning of government during some crisis situations. Every country can have some situation when the normal rules cannot handle the country.
In this article, we go through the states of emergency in India, the process of emergency declaration, emergency in the Indian constitution, the history of national emergency in India, and their effects on the people in detail.
Table of Content
- Emergency in India
- National Emergency in India
- Emergency in Indian Constitution
- Three Types of Emergency in India
- 1. National Emergency in India
- 2. State Emergency in India
- 3. Financial Emergency in India
- Emergency Declared in India
- First Emergency in India (1962 to 1968)
- National Emergency in India 1971
- National Emergency in India 1975