Indian Constitution employs the expression Proclamation of Emergency t...
Option (A) is correct because;
S.N.
National Emergency (352)
It can be proclaimed only when the security of India or a part of it is threatened by war, external aggression or armed rebellion.
PRESIDENT RULE (356)
It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion.
NATIONAL EMERGENCY (352)
During its operation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution. Its effect is that the Centre gets concurrent powers of administration and legislation in the state.
PRESIDENT RULE (356)
During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre.
NATIONAL EMERGENCY (352)
The Parliament can make laws on the subjects enumerated in the State List only by itself, i.e. it can’t delegate the same to any other body or authority.
PRESIDENT RULE (356)
The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him. So far, the practice has been for the president to make laws for the state in consultation with the members of Parliament from that state.
NATIONAL EMERGENCY (352)
There is no maximum period prescribed for its operation. It can be continued indefinitely with the approval of Parliament for every six months.
PRESIDENT RULE (356)
There is a maximum period prescribed for its operation, that is, three years. Thereafter, it must come to an end and the normal constitutional machinery must be restored in the state.
NATIONAL EMERGENCY (352)
Under this, the relationship of the Centre with all the states undergoes a modification.
PRESIDENT RULE (356)
Under this, the relationship of only the state under emergency with the Centre undergoes a modification.
NATIONAL EMERGENCY (352)
It affects fundamental rights (FR) of the citizens.
PRESIDENT RULE (356)
It has no effect on Fundamental Rights (FR) of the citizens.
NATIONAL EMERGENCY (352)
Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority.
PRESIDENT RULE (356)
Every resolution of Parliament approving its proclamation or its continuance can be passed only by a simple majority.
NATIONAL EMERGENCY (352)
Lok Sabha can pass a resolution for its revocation.
PRESIDENT RULE (356)
There is no such provision. It can be revoked by the President only on his own discretion.
Indian Constitution employs the expression Proclamation of Emergency t...
Proclamation of Emergency in the Indian Constitution
The Indian Constitution empowers the President of India to proclaim an emergency in certain exceptional circumstances. This provision is outlined under Article 352, Article 356, and Article 360 of the Constitution. The expression "Proclamation of Emergency" is used to denote a state of emergency declared by the President.
Types of Emergencies
The Constitution of India provides for three types of emergencies:
1. National Emergency (Article 352)
2. President's Rule (Article 356)
3. Financial Emergency (Article 360)
National Emergency
- A National Emergency can be declared on the grounds of war, external aggression, or armed rebellion. It is also known as "State Emergency" or "Constitutional Emergency."
- The President has the authority to declare a National Emergency, but it can only be done on the written advice of the Cabinet.
- Once a National Emergency is proclaimed, it can continue for an indefinite period but needs to be approved by both houses of Parliament every six months.
- During a National Emergency, the President can assume the power to suspend fundamental rights, and the federal structure of the country may be altered.
President's Rule
- President's Rule, also known as "State Emergency," can be imposed in a state if the President believes that the governance of that state cannot be carried out according to the provisions of the Constitution.
- The President can declare President's Rule based on a report from the Governor of the concerned state or otherwise.
- Once President's Rule is imposed, the President assumes the powers and functions of the state government, and the state comes under direct control of the President.
- The President's Rule can be in effect for a maximum of six months, which can be extended with the approval of both houses of Parliament.
Financial Emergency
- A Financial Emergency can be proclaimed by the President if the financial stability or credit of India or any part of its territory is threatened.
- The President can declare a Financial Emergency on the written advice of the Cabinet.
- Once a Financial Emergency is proclaimed, the President can give directions to the states regarding the financial matters and may reduce the salaries of government officials.
- The Financial Emergency needs to be approved by both houses of Parliament within two months of its imposition.
Conclusion
In conclusion, the Indian Constitution employs the expression "Proclamation of Emergency" to denote a National Emergency, which includes situations of war, external aggression, or armed rebellion. The President's Rule and Financial Emergency are separate provisions of the Constitution that serve different purposes.
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