National Emergency Under Article - 352
The constitution of India
provides three types of emergency.
- Due to war, External aggression, or armed rebellion
- Failure of
constitutional machinery of the state.
- Financial
stability is threatened in India or any part of Indian territory.
1) National emergency (Article352)
A) If
president is satisfied that there is threat to national security of India or
any part of India by way of war, external aggression or armed rebellion then he
can proclaim emergency under Article 352
of Constitution of India .
B)
Decision of cabinet must be communicated to the president in written .
C) Emergency will expire after one month
unless it is approved by both the house of parliament.
D)
It must be approved by special majority then it shall remain in force for six
months.
E) Beyond
six months approval of parliament would be required subsequent six months.
F) Prior
to the 44th amendment ‘armed rebellion’ was ‘internal disturbance’.
G) In
1975 then Prime Minister Smt. Indira Gandhi proclaim national emergency on the
ground of internal disturbance it was much criticized because of political
vested interest.
H) Emergency
can be revoked by president
Effects of proclamation of emergency-
1)
Extension of central executive power – giving directions to state.
2) Parliament empowered to make law.
3) Centre empowered to alter the distribution of revenue between Union
and State.
4) Extension of Lok-Sabha for 1 year.
5)
Suspension of fundamental rights under Article 19.
Case law
MINERVA VS UNION OF
INDIA
Supreme Court
held that proclamation of emergency under Article 352 is also subject of
judicial review. Court has power to see whether it was under provision of
constitution or not.
See in detail =======>>>>> National Emergency (Article 352)
See in detail =======>>>>> National Emergency (Article 352)
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