PRESIDENT’S RULE

Black law’s dictionary defines emergency “as a failure of the social organization to deliver reasonable conditions of life”. An emergency could even be defined as “circumstances arising suddenly that involves immediate action by the overall public authorities under the powers granted to them.” In India, the emergency provisions are such the constitution enables the federal to accumulate the strength of unitary government whenever things demand. All the pacific methods should be exhausted during such situation and emergency should even be the last weapon to use because it affects India’s federal feature of state . The emergency provisions are contained partially XVIII of the Constitution of India, from Article 352 to 360. These provisions enable the Central government to satisfy any abnormal situation effectively. The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic form of government and therefore the Constitution.

The constitution stipulates three types of emergencies:-

  • National Emergency
  • State Emergency
  • Financial Emergency

Article 355 imposes a requirement on the Centre to make sure that the govt of each state is carried on in accordance with the provisions of the constitution. It is this duty within the performance of which the center takes over the govt of a state under Article 356 just in case of failure of constitutional machinery during a state. This is popularly referred to as ‘President’s Rule’.

GROUNDS OF IMPOSITION:

  • Article 356 empowers the President to issue a proclamation if he’s satisfied that a situation has arisen during which the govt of a state can’t be carried on in accordance with the provisions of the constitution.
  •  Article 365 says that whenever a state fails to suits or to offer effect to any direction from the Centre, it’ll be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.

PARLIAMENTARY APPROVAL AND DURATION:

A proclamation imposing president’s rule must be approved by both the homes of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the primary sitting of the Lok Sabha after its reconstitution, as long as the Rajya Sabha approves it in the meantime.

CONSEQUENCES OF THE PRESIDENT’S RULE:

  • He can take up the functions of the government and powers vested within the governor or the other executive authority within the state.
  • He can declare that the powers of the state legislature are to be exercised by the parliament.
  • He can take all other necessary steps including the suspension of the constitutional provisions concerning anybody or authority within the state.

Scope of judicial review: The 38th Amendment act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which might not be challenged in any court on any ground. But this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President isn’t beyond review.

CONCLUSION:

The imposition of Emergency stressed the legislature to re-evaluate about the Constitutional provisions that provide power to the chief to supersede the judiciary hampering the essential structure of the Indian Constitution. Under Article 352, the amendment had substituted the ground of “Internal Disturbance” with “Armed Rebellion”. The President is allowed to impose emergency only the Union Cabinet communicates to him in writing about their decision. Under Article 356, the amount for extension of a Proclamation from one month has been amended to six-months.

A state of emergency in India refers to a period of governance which will be proclaimed by the President of India during certain crisis situations. Under the recommendation of the cupboard of ministers, the President can overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of India. An emergency could also be a situation which arises because of the failure of the govt. machinery which causes or demands immediate action from the authority.

REFERENCES:

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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