Question
Download Solution PDFIn India, emergencies are enforced by-
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is President.
Key Points
- In India, the President has the authority to declare an emergency under specific circumstances.
- There are three types of emergencies: National Emergency, State Emergency (President's Rule), and Financial Emergency.
- National Emergency can be declared on the grounds of war, external aggression, or armed rebellion.
- State Emergency (President's Rule) can be declared if the governance in a state cannot be carried out according to the provisions of the Constitution.
- Financial Emergency can be declared if the financial stability or credit of India or any part thereof is threatened.
Additional Information
- Article 352:
- Deals with the proclamation of National Emergency.
- The President can declare such an emergency only on the written advice of the Council of Ministers headed by the Prime Minister.
- Article 356:
- Deals with the imposition of President's Rule in states (State Emergency).
- It can be proclaimed if the President is satisfied that the state government cannot function according to the Constitutional provisions.
- Article 360:
- Deals with the declaration of Financial Emergency.
- During a financial emergency, the executive authority of the Union extends to directing any state to observe certain financial propriety.
- Duration and Approval:
- Emergency declarations must be approved by both houses of Parliament within one month.
- National Emergency can last for six months and can be extended indefinitely with parliamentary approval every six months.
- State Emergency (President's Rule) can last for six months and can be extended up to three years with parliamentary approval every six months.
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