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Audio Notes: आपातकालीन प्रावधान Video Lecture | UPSC Audio Notes in Hindi

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FAQs on Audio Notes: आपातकालीन प्रावधान Video Lecture - UPSC Audio Notes in Hindi

1. What are the key emergency provisions in the Indian Constitution?

Ans. The Indian Constitution includes several key emergency provisions primarily under Articles 352, 356, and 360. Article 352 allows the President to declare a national emergency if there is a threat to the security of India or any part thereof. Article 356 enables the President to impose President's Rule in a state if the governance in that state cannot be carried out according to the Constitution. Article 360 allows the President to declare a financial emergency if the financial stability or credit of India is threatened.

2. How does the national emergency differ from the state emergency in India?

Ans. A national emergency, declared under Article 352, affects the entire country and can be based on war, external aggression, or armed rebellion. During this emergency, the central government gains significant powers, including the ability to legislate on subjects in the State List. In contrast, a state emergency, invoked under Article 356, is specific to a state where the state government cannot function according to the Constitution, allowing the central government to take over the governance of the state.

3. What are the implications of a financial emergency as per Article 360?

Ans. When a financial emergency is declared under Article 360, the President can direct states to observe certain financial propriety. This includes the power to reduce the salaries of government employees and to ensure that state governments do not incur any expenditure without the approval of the central government. The declaration must be approved by both Houses of Parliament within two months.

4. What checks and balances exist regarding the proclamation of emergency provisions in India?

Ans. The proclamation of emergency provisions is subject to legislative oversight. For a national emergency, the proclamation must be approved by both Houses of Parliament within one month. Similarly, for state emergencies and financial emergencies, the Parliament must approve their continuation beyond a certain period. Additionally, the Supreme Court has the authority to review the legality of the President's actions during an emergency.

5. Can the fundamental rights of citizens be suspended during a national emergency?

Ans. Yes, during a national emergency declared under Article 352, the fundamental rights guaranteed by Part III of the Constitution can be suspended. However, rights under Article 20 (protection in respect of conviction for offenses) and Article 21 (protection of life and personal liberty) cannot be suspended even in a national emergency. The suspension of rights is subject to legislative action and must be in accordance with the provisions of the Constitution.

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Oct 12, 2025 Last updated

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