Introduction

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Introduction

 

The Emergency provisions are enumerated in Part XVIII (Article 352 – 360) of the Constitution.

The Emergencies are of three types

  1. National Emergency
  2. President’s Rule
  3. Financial Emergency, as defined in the constitution.

 

The Emergency provisions are basically a tool for conversion of the Federal Government into a Unitary Government (i.e. the Union Government assumes all the powers of the states).

It is a unique feature of Indian Constitution to convert federal into unitary system (not even provided in USA).

 

  1. National Emergency: According to Article 352(6), The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister.
  2. State Emergency: It is declared on failure of the constitutional machinery in a state. Nearly every state in India has been under a state of emergency at some point of time or the other. This state of emergency is commonly known as the ‘President’s Rule’.
  3. Financial Emergency: If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he or she can declare a financial emergency.

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