1. Art. 352 - National Emergency
When can it be imposed:- 3 conditions - War, External Aggression, Aimed Rebellion
• Note 1: Armed Rebellion was changed from Internal Disturbance on the recommendation of the Shah Commission. Internal Disturbance was a vague term prone to misuse.
To understand National Emergency, we need to examine the 44th Amendment Provisions whose sole purpose was to put a check on such powers of the President.
• Can only be proclaimed on the written advice of the Union Cabinet (not the PM). Perhaps, this is the only place where Union Cabinet has a role.
• Expires in 1 month from its issue unless approved by a Special Majority (of the second kind*) - Not less than 2/3rd of the Members present and voting + Absolute Majority - in both the houses of the Parliament.
• If the LokSabha is dissolved, then RajyaSabha shall approve it within 1 month and the re-constituted LS shall ratify within 30 days.
• Once approved, the proclamation is extended for 6 months, which can be extended again for 6 more months.
• Not less than 1/10th of the Members of the LS(this can only be initiated in the LS) may give notice in writing to the Speaker or President (when LS is not in session). If there is no session, a special sitting of the LS shall be held within 14 days. If the resolution, the President has to revoke the Emergency.
Effect on FR (2 clauses here)
2. Art. 356 - President’s Rule
If the President is satisfied that there exists a situation where the State Admin, cannot be carried in accordance with the provisions of the Constitution, he can make a Proclamation of Failure of Constitutional Machinery in a State.
Ambedkar had envisaged Art. 356 to remain a dead letter in the Constitution. Much to his surprise it has been used not less than 119 times during the first 63 years.
3. Art. 360 - Financial Emergency (^Never imposed till date)
If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
Effect: - The financial autonomy of the states is transferred. The President can
CRITICISM OF THE EMERGENCY PROVISIONS
Some members of the Constituent Assembly criticised the incorporation of emergency provisions in the Constitution on the following grounds15:
1. ‘The federal character of the Constitution will be destroyed and the Union will become all powerful.
2. The powers of the State—both the Union and the units—will entirely be concentrated in the hands of the Union executive.
3. The President will become a dictator.
4. The financial autonomy of the state will be nullified.