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Tuesday, March 1

[Indian Polity] Emergency Provisions - Indian Polity Study Materials for TNPSC

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Emergency Provisions
The Emergency provisions in Indian constitution enables the central government to have more power to face any unforeseen situation effectively.
Aim:
To safeguard the sovereignty and to tackle the security threat to the country including financial crisis.
3 Types of Emergencies

1. National Emergency [Article 352]

  • When the security of India or of any part of the territory is threatened, whether by war or external aggression (External Emergency) or armed rebellion (Internal Emergency), the president can declare national emergency.
  • The president can proclaim the national emergency even before its actual occurrence if the President is satisfied that there is imminent danger.
2. President's Rule [Article 356]
  • The President can proclaim the president's rule in a state if the president, on receipt of a report from the Governor of a State or otherwise (even without the report), is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
3. Financial Emergency [Article 360]
  • The President can declare a Financial emergency, if the President is satisfied that a situation 
  • has arisen whereby the financial stability or credit of 
  • India or of any part of the territory thereof is threatened.

 Courtesy: http://indiacode.nic.in/coiweb/welcome.html
Important Facts to Remember
  1. Emergency Provisions are included in the Part XVIII (18) of the constitution.
  2. Articles - From 352 to 360.
  3. There are 3 types of Emergency provisions
    1. National Emergency [Article 352]
    2. Presidents Rule [Article 356]
    3. Financial Emergency [Article 360]
  4. Emergency
    National
    President’s rule
    Financial emergency
    Proclaimed by
    The President
    The President
    The President
    Articles
    352
    356
    360
    Other Terms
    External Emergency, Internal Emergency, Armed rebellion
    State Emergency, Constitutional emergency

    Judicial review
    Under the purview of Judical Review  - This provision was added by 44th Constitutional amend act of 1978
    Under the purview of Judical Review  - This provision was added by 44th Constitutional amend act of 1978
    Under the purview of Judical Review  - This provision was added by 44th Constitutional amend act of 1978
    First Imposed in the Year
    1962
    1951 in Punjab
    Not Yet imposed even for a single time
    Number of Times Imposed
    3 Times
    1.       1962
    2.       1971
    3.       1975
    Many times in India
    In Tamil Nadu – 4 times
    1.       1976
    2.       1980
    3.       1988
    4.       1991
    Zero times
    Time Period for Approval
    1 Month
    2 Months
    2 Months
    Approved by both the houses by
    Special Majority
    Simple Majority
    Simple Majority
    Revocation
    1.       When Lok sabha passes a resolution by simple Majority or
    2.       President of his own
    Only by President
    By President
    Maximum Period of Imposition
    Indefinite – But needs parliament approval every 6 months
    3 years - needs parliament approval every 6 months
    Indefinite
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