Emergency (Part -2) - Indian Polity Video Lecture - Super TET

as a top so since you demanded so I am
back with the quality video and deals
with the emergency provisions and this
is part 7.2 earlier we dealt with
national emergency bayar article 352
summary of article 352 how does
extension and longevity is provided to
the emergency what happens in case lock
survived resolved and how to end the
emergency so all these were provisions
and what are dues and certain tones
which you have to do and you don't have
to do in case how to read and how not to
read that is bare article memorization
and key words focusing what to do and
what not to do
all this was covered in part 7.1 of the
polity series and this is part 7 point 2
this is presented by me and this is a
YouTube channel and Academy obviously we
have any doubt or any query or any
comment or any suggestion or any
requests for a particular video you have
to comment below the video on the
YouTube or on the Facebook page I will
make a note of it and then obviously I
cannot respond to all of you because of
the sheer number still I will try to
make some changes and I will try to
respond in the next videos and I will
not specifically mention which doubt I
am addressing but they will be addressed
nonetheless so moving forward we will be
dealing with what is the impact of
national emergency on various issues
like this is called as effect of
proclamation of emergency whenever you
see this term that is proclamation of
emergency it automatically means that
you are talking about national emergency
under article 352 there is no term
called national emergency which is used
in Constitution of India so obviously it
is the center state relationship which
will undergo change Lok Sabha and the
fundamental rights and among the central
state relationship obviously there are
three aspects to it first is the finance
what do you think will happen to the
finance finance can obviously will be
reduced or totally destroyed then the
second change obviously is then the
lawmaking power the state is not
suspended still what I am will try to
say is Parliament has super power can
make on any law and it will override all
the other state laws and finally the
third
is obviously the executor power so among
the executive power for giving an effect
to any law again the Parliament reigns
supreme and this is Lok Sabha the
fundamental right so as you can see
these are this centers executors power
becomes absolute this is Article 353
Parliament can make any law on any state
subject under Article 353 of sup Clause
B so don't need to remember these
articles per se just need to remember
350 to 356 and 360 and for 356 you need
to remember 365 and for this unit to
remember 358 and 359 not any other
article and in general you should know
352 to 360 is the emergency part 18 X
VIII Roman numerals just like my name
so anyway Center can change the tenets
of distribution of revenue can it does
not mean it will but it can between the
Union and States under Article 354 Lok
Sabha can be extended indefinitely under
article 83 is applause - and finally
suspension of fundamental rights which
are guaranteed by article 19 and other
fundamental rights and foreseeability so
now going forward we have the center's
executors power becomes absolute under
Article 353 what does it mean center can
give any direction to any state with
respect to exercise of its executive
power
so directions are given by center to the
state usually it can be given only in
certain aspects
however in normal times the executive
power does not extend to giving such
directions and it is only in certain
aspects and there are certain exceptions
which are these aspects but in the case
of emergency there is absolutely and
complete control and without suspension
and finally this point is extremely
critical suppose national emergency is
in Rajasthan but this provision will
extend to any other state also this is a
critical point national emergency after
38 constitutional amendment Act of 1975
it could have been applied to territory
also before that only entire India could
be subjected to rational immersion
see however even if it is territorial in
extent as long as application is
concerned still the execute to power as
well as the legislative power will run
to the entire territory of India this is
extremely critical to friends hope you
understood this
now Parliament can make any law on any
state subject under Article 353 subclass
B it means that precedent also can issue
ordinances as well as Parliament can
make law on any item on the state list
it means that there is absolutely
fundamental change in distribution of
power and entire nation becomes unitary
rather than federal and the lawmaking
power of the state is not suspended as I
have told you already earlier also but
it is subject to the overriding power of
the Union Parliament's and all such laws
that is absolutely every law becomes
null and void and six months after the
end of emergency and supposed national
emergencies in Rajasthan
this will provisional extend to any
state so that it is legislative or
executors it will extend to any states
further six months after the end of
emergency again I am repeating you six
months after the end of emergency all
such law will become null and void to
the extent they ever been made on state
list they can be made on concurrent list
they will not become null and void only
those which are a bridging or over
extending their reach to the state list
will come to an end now center can
change the tenets of distribution of
revenue between Center and state CSS
enter state so article 354 it says that
center can modify can reduce or
completely stop the transfer of funds TK
usually increased nahi kurta here but it
can be done also modify means increase
or decrease usually it is talking about
reduction or stoppage and any
modification will continue even after
the emergency is long gone so let us say
emergency and so on second of April 2015
but this provision will continue till
31st of March 2016 Smacks Imam for 364
days it can can
new till the financial year and is that
absolutely understood so these are the
key words you should be very very
careful with and further it needs to be
passed by both tea houses this is again
a critical point and so now moving
forward Lok Sabha can be extended
indefinitely as I have already spoken
under article 83 sub Clause 2 it is
given that is fifth Lok Sabha between
1971 to 1977 it was twice extended by
one year each is that understood the
fifth Lok Sabha it almost went on for
seven years and who can do it only
President of India can do it and beyond
five year it can be done one year at a
time okay and for this a parliamentary
law needs to be passed before precedent
can extend the life of Lok Sabha and it
is not only Lok Sabha but State
Legislative Assembly can also be given
one year extension at a time and it a
State Legislative Assembly cannot do it
only Parliament can do it and both
cannot continue that is State
Legislative Assembly plus Lok Sabha the
extended life cannot continue more than
sorry 4n more than six months after the
end of emergency so extended life of Lok
Sabha and State Legislative Assembly
dies after six months of emergency
ending is that understood now suspension
of fundamental rights guaranteed by
article 19 please please please pay
careful attention article 358 and 359 it
is very difficult to understand
specially for beginners and those which
are in moderate preparatory phase but it
is a very critical question you should
be able to answer it so article 358 it
just says there is no more article 19
that's it
article 19 core RDA Constitution say it
does not exist at all so any law or any
executive action either L or e can
abridge means take away the rights which
are guaranteed by article 19 of the
Constitution it means article 19 do not
exist for that period and further no
separate notification is required as an
EI key article 350
- international emergency like a key
then a separate notification will come
saying article 19 is no more it told us
not like that no separate notification
is required
it means article 19 is gone as soon as
proclamation of emergency is made now
executive and legislative action cannot
be challenged even after emergency cease
to exist t 7 Viva this is extremely
critical let's say violation of article
19 happened in 1976 okay but you can't
go to Supreme Court in 1978 when there
is no emergency saying it violated
violation was happened because it cannot
be challenged and there are certain
restrictions and they were not existent
before they only came after 44th
Amendment Act of 1978 what does it say
it says that only on the ground of war
on the ground of external aggression or
and no armed rebellion see this is a
restriction earlier political Tommy need
armed rebellion but even on internal
disturbance there was violation but
restriction is if there is an emergency
on the ground of armed rebellion then
there is no violation of article 19
this is extremely critical please keep
in mind only and only if the national
emergency is on the ground of either
poor or external aggression article 358
applies but if the national emergency is
on the ground of armed rebellion article
358 do not apply this is a key
difference which is people do not
understand and second only emergency
related laws are under its purview and
not other laws so a law which do not
relate to emergency directly or
indirectly cannot be said to be given
protection to violation of article 19
Garoppolo key under violet kurta article
19 Co that do not relate to the
emergency then you will be held liable
even during the emergency and after as
well so I hope you got the article 358
anyway we will deal with the article 359
now so it deals with suspension of right
of enforcement of fundamental rights so
it fundamentally different a under this
article 359 the resident can suspend the
right to enforce fundamental right that
is what is suspended you cannot move to
any code for the enforcement of either
any right or all the fundamental rights
but there is a clear exception you
cannot violate article 20 and 21 so
article 21 obviously every one every
child as a rabbinic 7-wire so what can I
say
so obviously article 21 deals with right
to life and under article 21 there are
certain right to shelter and try to live
with dignity and all those things which
are there has been extended by liberal
interpretation of article 21 and under
article 20 we know that no person can be
convicted of any offence except for
violation of a law and force at the time
of commission of that charges on offense
okay this is the literal language of
article 20 I am sorry that I remember
this you don't need to remember it and
obviously no person shall be prosecuted
and punished for the offense more than
once that is no GG o party and no person
accused of any offense shall be
compelled to be a witness against
himself that is no self-incriminate
really dance needs to be given he
article 20 or 21 here they are never
violated no matter what emergency is
there and all proceedings for all the
other articles pending in any court of
law for the enforcement of such rights
is suspended is that understood so
article 19 obviously does not deal with
article 20 and 21 it cannot deal with a
scale of article 12 35 my Jovie
fundamental rights say any one of them
can be violated under an order passed by
33 59 and no proceedings can be
initiated in any court of law and all
proceedings already-existing will be
deemed suspended and the duration
meaning the entire duration of emergency
or shorter will be decided by president
similarly number of articles covered let
us say they want to cover 16 or 15 or 25
or 26 or 23 whatever they want to cover
they can cover as well as the
territorial extent let us say national
emergency is an entire northeast but
they just want to cover Assam or let's
say - Mel emergencies and entire
hindi-speaking well but they just want
to cover Ettrick and so precedent can
decide on it so the duration the
of articles and the time they decided
we're on rebel President of India now
there is comparison of article three 58
and 359 so article 358 is only
suspension of article 19 and which is
absolute and complete but article 359 do
not deal with any specific fundamental
right it deals only with the enforcement
and the proceedings which are halted
that is rights are alive in theory
extremely critical point to see the a
push there according to article 359
there is theoretical right but the right
do not live in practice that is the
remedy is absent so they are absolutely
suspended in practice so this is a
critical point and any law will become
null and void at the end of the
emergency which violates any one mental
rights to the extent only it is in
contravention of the fundamental rights
is that understood as anyway we put a
lock or deletes karateka for example not
necessarily the entire law just let's
say the second paragraph 7 and 7th entry
of a particular law or a bill is against
this so that will be violated just that
particular line or paragraph which is in
violation of the fundamental rights will
be deleted and the entire law can also
be deleted if it is in violation of the
fundamental rights after the emergency
and did they become null and void so
obviously it takes a autochthony
you do not remember so I made a table so
article 358 it says that there is
automatic suspension it means that there
is no need to pass a separate
notification here there is a need to
pass an order that is President of India
is empowered and he has or she has to
pass an order accordingly under article
359 here deals with article 19 only and
here it deals with all the other
articles except 20 and 21
it can be this is again critical only
external emergency as I have already
told you that is war plus external
aggression here it is both internal
emergency as well as an external
emergency so external emergency is war
plus external aggression while internal
emergency is armed rebellion this is for
the complete duration of the emergency
president do not have any discretion
regarding this however the timing of
this can be customized it can be for one
day also it can be for six month also
it can be for as long as the emergency
lasts is that understood
here it is for entire nation that is
entire territory wherever it is
applicable it is there
however the customization of Sarria 4s
and customization can be done in case of
article 359 so I hope now we will write
a good answer using this table so
national emergency in India the history
of it it is very very bitter history and
for most of the people they think there
is only one national emergency from 1975
to 1977 because of the controversy
associated with it however there are
three national emergencies in India till
date in 1962 the first national
emergency was on account of external
aggression of China in Arunachal Pradesh
region that that was called as nayfeh
that is North East frontier agency it
continued until 1968 because it was not
very like violative of fundamental
rights that is why people do not protest
it against it so there was no need to
proclaim a new emergency in 1965 at the
time of war against Pakistan is that
understood now in 1971 when there was
war with Pakistan the emergency
continued till March of 1977 and finally
1975 as I have already told you there
was already existing emergency in 1971
yet a new emergency was applied and it
is perfectly legal to apply two
different emergencies on two different
grounds so it was obviously on account
of external aggression well here the
emergency was on grounds of internal
disturbance no longer this term finds
mention thanks to article 4 amendment of
44th amendment of 1978 and even when a
national emergency was already existing
this was applied and we all know it is
highly controversial so what were the
features of this emergency I will tell
you now so 1975 there was an emergency
and it was a 21-month period between
25th June 1975 until its withdrawal on
21st March of 1977 dates are not
important here is there was tug of war
between executive and judiciary as you
all know
by 24th constitutional amendment act 3
we purchase abolition act rational Bank
nationalization Act case 1 and the VAR p
case of 1973 and finally 42nd
constitutional amendment act all of this
was to certain at 10 modified by a 44th
constitutional amendment act and there
was a state of emergency across the
country and president Fakhruddin Ali
Ahmed on advice of Prime Minister
Srimati Indira Gandhi declared in
terminal disturbance on ground of
internal distress declared national
emergency however the control point was
there was no return recommendation from
cabinet which was though not mandated
but was norm it should have been
followed it was supposed to be followed
and rather the cabinet was not even
aware till after it was made and it was
made aware only as a fait accompli since
it was a complete already only after
that it was made aware now under state
of utter Pradesh was this not raj narain
it all started it Raj Nair was a person
who contested the election against Indra
Gandhi
now High Court said that she used state
machine 3 and cancelled her election
al-abadi code and it was made null and
void and barred her from contesting any
election for next 6 years ok because she
was guilty on the charge of misuse of
government machinery for her election
campaign and this decision was given on
12th June of 1975 by the Honourable High
Court and it was challenged in the
Supreme Court which upheld it and
stopped all the privileges extended to
Indra Gandhi as the MP on 24th june 1975
now Prime Minister's Secretariat gained
significant power on the expense of the
cabinet this is returnin RC Gua
and it's also returned in all the other
story books which I have read the
pensioner and all and the economists
described her as the Empress of India
there was lot of centralization of power
these are all the key features which are
mentioned in all the books which I have
read and there was criticism in general
there was criticism of misuse of
exorbitant powers which was ground
during the emergency further there were
elections after 1977 where the people's
will that is the popular will spoke and
the Congress party lost and for the
first time a non Congress government was
formed at the center with Jenna party
and the Mirarchi this is p.m. it was
also the first coalition government in
the independence of India now Shar
Commission was formed by this government
which said that circumstances did not as
again did not justify proclamation of
this emergency so there was passage of
various safety mechanism against the
misuse of emergency by 44th
constitutional amendment Act of 1978 so
we have already discussed what those
were that it was converted into special
majorities written recommendation of
cabinet has to be there president must
revoke if lakhs of our ties and if Lok
Sabha disapproves and it can be extended
by six months at a time it was not like
for forever and so on and so forth so I
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