Which of the following is correct with reference to Financial Emergenc...
- Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
- The 38th Amendment Act of 1975 made the satisfaction of the president in declaring a Financial Emergency final and conclusive and not questionable 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 is not beyond judicial review.
- A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting. Hence, option (c) is correct.
- The consequences of the proclamation of a Financial Emergency are as follows:
(i) The executive authority of the Centre extends (a) to directing any state to observe such canons of financial propriety as are specified by it, and (b) to directions as the President may deem necessary and adequate for the purpose.
(ii) Direction may include a provision requiring (a) the reduction of salaries and allowances of all or any class of persons serving in the state, and (b) the reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the state.
(iii) The President may issue directions for the reduction of salaries and allowances of (a) all or any class of persons serving the Union, and (b) the judges of the Supreme Court and the high court.
(iv) There is no provision of Parliament making laws on state subject
Which of the following is correct with reference to Financial Emergenc...
Financial Emergency under Article 360
Introduction:
Article 360 of the Indian Constitution deals with the provisions of Financial Emergency. It empowers the President of India to proclaim a Financial Emergency if he/she is satisfied that the financial stability or credit of India or any part of its territory is in danger.
Proclamation of Financial Emergency:
- The proclamation of Financial Emergency by the President cannot be questioned in any court. This means that the President's decision to proclaim a Financial Emergency is final and cannot be challenged in any court of law.
- The President can proclaim a Financial Emergency only after receiving a written recommendation from the Union Cabinet. The recommendation must be supported by a majority of not less than two-thirds of the members present and voting in each house of Parliament.
- The proclamation declaring a Financial Emergency can be approved by both houses of Parliament. It does not require the approval of Lok Sabha alone. The approval must be given within two months from the date of the proclamation.
- The proclamation of Financial Emergency can be passed by a simple majority in both houses of Parliament. It does not require a special majority or a two-thirds majority.
- During a Financial Emergency, the President can give directions to the state governments on matters related to financial stability and credit. However, the Parliament cannot make laws on state subjects during a Financial Emergency.
Conclusion:
In conclusion, the correct statement regarding Financial Emergency under Article 360 is option 'C' - the proclamation of financial emergency can be passed by a simple majority. The proclamation of Financial Emergency cannot be questioned in any court, can be approved by both houses of Parliament, and can be proclaimed based on a simple majority in both houses. However, it is important to note that the Parliament cannot make laws on state subjects during a Financial Emergency.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.