There is a provision given in the Indian Constitution known as Emergency Provision which has been adopted from the Constitution of Germany by our Constitution makers. Under Emergency Provision President have the authority to impose three types of emergencies. They are as follow
- National Emergency– Under article 352 of the Indian Constitution national emergency has been defined. According to it if the President is satisfied that there is a situation of war, external aggression or armed rebellion then president can declare proclamation of national emergency. National emergency can be declared to whole nation or any part of the nation or state. Such emergency can be declared before the date of event mentioned under article 352. Before 44th amendment national emergency remains in existence for 2 months & with the approval of the parliament it can be in force for indefinite period of time. Therefore after 44th Amendment the power of parliament has been curtailed to impose national emergency for indefinite period of time, initially emergency can be declared for only 1 month & later it can be extended up to 6 months with approval of parliament every time this was the one major change in emergency provision.
- State Emergency– Under article 356 of the Indian Constitution State Emergency can be declared if president is satisfied on the report of governor or otherwise that there exists a great emergency where the administration of the state cannot be continued in accordance with the provisions of constitution, by invoking article 355, any person can dismiss state government and take over the state administration on to himself and declare that parliament will enact law on behalf of state legislature.
- Financial emergency – Under article 360 of the Indian Constitution financial emergency can be proclaimed by the president if the situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened. This emergency is never imposed in India.
President rule in the state is based on the section 93 of the Government of India Act 1935. If president is satisfied with the reports and request of governor to impose state emergency on the few grounds. Firstly, if the state is not functioning according to the provisions of the Constitution of India. Secondly, if state is not working as per the order of the union government in which the union government is empowered to. Thirdly, if the state government is not able to elect a leader as a chief minister. Fourthly, election postponed due to natural disaster. Fifthly, loss of majority due to no confidence motion. And the last one when there’s a breakdown of a coalition leading to the chief minister having a minority support in the House, and the CM fails to prove majority in the given period of time. In a simple word president rule means the Suspension of state rule and union government can directly administer the state through governor which becomes executive head of the state.
Parliamentary approval is important for declaration of state emergency with in the 2 months of the issue. Simple majority is required and president rule can be imposed for the 6 months and later it can be extended up to 3 years with the approval of parliament, in every six months.
44TH AMENDMENT – after 44th amendment president rule cannot be imposed for more than 1 year until and unless, there is national emergency or election commission is unable to conduct election due to the situation and certifies president rule.
EFFECT ON STATE FUNCTIONING AFTER PRESIDENT RULE
- The governor carries on with the administration of the state on behalf of the President. He or she takes the help of the state’s Chief Secretary and other advisors/administrators whom he or she can appoint.
- The President has the power to declare that the state legislature’s powers would be exercised by the Parliament.
- The state legislative assembly would be either suspended or dissolved by the President.
- When the Parliament is not in session, the President can promulgate ordinances with respect to the state’s administration.
REVOCATION OF PRESIDENT RULE
Proclamation of emergency can be revoked anytime by the president of India after issuing subsequent proclamation of revocation. Proclamation of revocation doesn’t need any approval of parliament. This occurs when the leader of a political party produces letters indicating majority support for him in the assembly and stakes his claim to form the state government.
Leading cases on president rule
There has been misused of state emergency by the union government therefore supreme court has given many judgements to limit the misuse of president rule by the union government. It was used for the first time in 1951 in Punjab. Between 1966 and 1977, Indira Gandhi’s government used it about 39 times against various states.
SR BOMMAI 1994 – The supreme court has given guidelines for the imposition of the president rule.
- President Rule is subject Judicial Review to check malafide intention.
- Union Government have to give justification.
- State Legislative Assembly cannot be dissolved without the approval of the parliament.
- If Supreme Court finds the ground of president rule invalid, then the court can suspend state emergency.
- Financial instability, security of secularism and corruption cannot be the ground.
- If ministers resigns or losses the majority governor cannot request the president to impose state emergency until and unless proper steps are taken by the governor.
- The power under Article 356 is to be used only in case of exigencies. It is an exceptional power.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at firstname.lastname@example.org
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
You may also like to read: