Emergency Provisions in Indian Constitution: Types, Causes & After Effects – An unexpected situation that needs instant action from the public authority is known as an emergency. In these situations, human civil rights are disturbed and governments are forced to take action in order to maintain peace in the nation. Here are various clauses of aspects of emergency in the constitution of India. One such aspect is when the stability and the well-being of a country’s people are at risk, it is a situation of emergency. Sometimes democratic realms are also considered in the situation of emergency when there is a clash between the government. The Central Government has special powers to deal with such a particular situation. Any state of the nation can be managed by the center, if there is such a situation of emergency. Some scholars also called India not a totally democratic country because the Indian Constitution consists of some emergency clauses.
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The different types of emergencies in the Indian constitution
The Indian constitution consists of three different emergency situations on the basis of which the government works in that particular situation. Article 352 to Article 360 allows emergency arrangements in the constitution of India. The three different emergency situations are:
- Article 352, National Emergency
- Article 356, State Emergency
- Article 360, Financial Emergency
1) Article 352, National Emergency
When some unusual situation occurs in the country and the Nation’s harmony, safety, and Prosperity come into the stake, national emergency situations coincide. Article 352 states that due to outsiders’ interference and aggression, any dangerous situation occurs that endangers the protection of India. The President of India has all the right to declare an emergency situation but this declaration is also made under the advice of the nation’s cabinet. However, the declaration also needs approval from the legislative house and acceptance from each member, or else the declaration will lapse after a month.
The first emergency situation was implemented from October 1962 to January 1968. This emergency was proclaimed because of the war with China which lasted for around 6 years. The second emergency situation was declared when there was a war between India and Pakistan. However When the war came to an end the emergency persisted, and the time when the second emergency was going to be revoked, the 3rd emergency was announced. This was considered the most contentious emergency situation in India, this was an internal emergency when smt. Indira Gandhi was barred from servicing the public for around 6 years because of anti-ethical practices, which was held in Allahabad High Court.
After Effects of the National Emergency
National Emergency has a very deep effect on the lives of people as well as the country. During the emergency, the president is also allowed to make changes in the law and allocation of that law between the center and state.
2)Article 356, State Emergency
According to Article 356, when the president sees that the state government is not able to manage all the state affairs in a smooth manner and there is an ingenious situation in the state, an emergency situation can be declared by the leader. During such situations, the president has the authority to take all the power from the State Government and the state will run under President’s rule. Before the announcement of a state emergency, a ratification is needed to be placed before the houses of parliament and their permission is necessary. During this time the Central Government takes all the necessary decisions for the state, and no right of the particular state people will get harmed.
After the effects of the State Emergency
After the state emergency is declared all the decisions of that particular state will be taken by the president or he can appoint any governor or any administrative authority to take all decisions. The president has also the authority to terminate the state assembly and he can also authorize parliament to make laws for that particular state.
3) Article 360, Financial Emergency
The financial emergency is the third kind of emergency. It states that if the President of India is convinced that the country is suffering from financial instability if the economic stability and credibility of the country are at risk, he can declare the situation as a financial emergency. However, to declare this emergency the president must need approval from the members of the Rajya Sabha and Lok Sabha, within 2 months. This situation has never arrived till now.
After Effects of the Financial Emergency
However, a financial emergency has not been declared till now. During this time also the government has the authority to ask the States to minimize their wages and the central government will provide guidance related to economic affairs to all states. Presidents have also the authority to ask national government persons, Supreme Court judges as well as the judge of the high court to reduce their pay.
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Conclusion
After reviewing all these acts and getting the information about different emergency provisions in the Indian constitution it is very clear that all these provisions are made just to ensure that the country and the people of the country are safe. The President of India sometimes makes various tough decisions just to justify human rights. While living in a democratic country a proper justification for one’s right is the most important factor.
In other countries’ constitutions such as Australia and Canada, the courts have the right to decide which center has the right to extend its authority. For confirming the use of unconstitutional discretionary powers the court will serve as a consolidated framework.