Emergency powers to the President:- President is authorized to imposed 3 kinds of emergency –
National Emergency was imposed in 1962, 1965, and 1975. Emergency is imposed by the President on written advice of union cabinet.
Ground: When in the opinion of President the security of India or any part of it is threatened on the ground of
Emergency can be imposed before the actual occurrence of war; in case of threat of war. It is required to be passed by both the Houses of Parliament within One month.
If house of people is dissolved before passing the resolution of emergency, the resolution can be passed by the other House. It will be passed within a period of one month of the newly constituted Lok Sabha. Emergency period begins after the 2nd stage of emergency. Emergency can be extended by passing a resolution for extension before the expiry of 6 months. It can be further extended for another six months for any number of times, there is no outer limit to it. Fundamental Rights are not abolished but right for enforcement is taken for a limited period. But Article 20 and 21 cannot be suspended (provide by 44th amendment act 1978).
Effects of National Emergency
1. The powers of the union extend in giving direction to any state for the exercise of their executive powers.
STATE EMERGENCY OR PRESIDENT’S RULE
President can proclaim President’s Rule / State Emergency if he is satisfied:
After proclamation it must be passed by both the Houses within the period of two months. It will remain in force for six months. For further extension a resolution must be passed for the same before the expiry term. After the total period of 1 year further extension is possible only if two conditions are satisfied:-
1). Emergency is in operation either in whole or part of the country as the case may be
2). Election commission certifies that it is not possible to hold the election.
If these 2 conditions are satisfied then the President’s Rule can be extended by 6 months duration each time up to the maximum period of 3 years (3 years from the date of proclamation i.e. from 2 months onwards).
If the circumstances require for the further extension beyond 3 years then it can be done only by amending Article 356.
Case: - S.R. Bommai versus government of India (1994, Supreme Court):- guidelines issued by Supreme Court (now law).
FINANCIAL EMERGENCY [ARTICLE 360]
Can be imposed under article 360 President can proclaim financial emergency if he is satisfied that the financial stability or the credit of India is threatened.
After proclamation it must be passed by both the Houses within the period of two months. It will remain in force for six months. For further extension a resolution must be passed for the same before the expiry term. It can be further extended for another six months for any number of times, there is no outer limit to it.
Majority required for passing the resolution
Special majority (i.e. majority of total number of members of house + 2/3rd majority of members present and voting) is required.
Resolution for extension of existing emergency can be originated in Lok Sabha only, if 1/10th of its members give in writing-
-To the Speaker if the house is in session.
-To the President if the house is not in session and in that case, the President is bound to call the special sitting (i.e. joint sitting) of both the houses within the periods of 14 days.