Emergency Powers under Indian Constitution

India’s government system is essentially a quasi-judicial system, similar to the federal government, with power distributed between the central and state, and it resembles a single form because it reserves power to the coalition in emergency situations. Here, the state government ceded the right to maintain security and pursue public welfare to the central government. Dr B.R Ambedkar called the Indian federal system unique because it becomes entirely unitary during the emergency. During the National emergency all the rights of the citizens are suspended except the rights which comes under the Article 20 and the article 21. So emergency is define as the situation which is arises due to the failure of the governments machineries and that causes the immediate actions from the authority.

The eighteenth part of the Constitution stipulates three kinds of the emergencies:-

Article 352: Under Article 352, the framers of the Constitution of India give the Union absolute control in emergency situations to maintain the integrity, security and stability of the country. The emergency announcement in this article does not include the other two emergency situations. If the president is convinced that a serious situation exists or is likely to occur due to war, external aggression, or armed rebellion (formerly internal unrest), a national emergency can be implemented. However, its power depends on the recommendations of the cabinet. The announcement must also go to the House of Representatives of Parliament, which can pass a resolution to pass it without taking any action or fail to pass it within a month. Such announcements are published in the official gazette, but they are not required. So far, the country has declared a state of emergency three times. The first was when China attacked the border with India in 1962 and 1968, the second was in 1971-1977 during World War II, and the third was in 1975 with internal unrest. .For the reason of implementation.

 Article 356: According to this article, when the President is convinced that the national government cannot operate in accordance with the provisions of the Constitution of India, he is granted wide discretion. The implementation of a state of emergency during the invalidation of the state constitutional mechanism is called a presidential rule, and the failure of any state to comply with the instructions of the Union in the exercise of its executive power is a clear reason for implementing such rules. Such announcements must be sent to parliament and will be valid for six months after approval by parliament.

 Article 360: This article explains the financial emergency implemented by the President in case of a financial crisis in which India or any part of its credit is threatened or in danger. The purpose of this article is to change the governance mechanism in the context of national financial stability. Unless approved by Parliament, this notice will cease to apply within two months. So far, the announcement has not been imposed in India.

The effects of proclamation of emergencies are given in Article 353 of the Constitution stipulates the validity of the emergency announcement. According to this authorization, it is temporary and cannot be used without reasonable attention. The most important impact is that during the validity period of the announcement, the federal nature of the government becomes unified, and the union has the right to give instructions to the state regarding the administrative powers it should exercise. In this way, the legislative power of the trade union council is extended to the extent that it can make laws for the country and modify income regulations. Regarding fundamental rights, Article 19 is suspended in an emergency caused by war or external aggression. During the continuation of the announcement, the President has the right to suspend the right of a person to file a claim in court in case of violations of fundamental rights, with the exception of the rights stipulated in articles 20 and 21 of the Constitution of the India.

Aishwarya Says:

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.

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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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