15-12-2017, 03:30 PM
Info +
*During National Emergency, the President can suspend the Fundamental Rights of Citizens except
(1) protection in respect of conviction for offences (Article 20)
(2)Right to Life and Personal Liberty (Article 21)
*Six Freedoms under Article 19 will automatically be suspended only during an External Emergency (due to war or External Aggression) and not in the case an Internal Emergency (due to Armed Rebellion)
*While a proclamation of National Emergency is in operation, the normal tenure of the Lok Sabha and State Legislative Assemblies may be extended for one year at a time by an Act of Parliament.
*The first National Emergency was proclaimed by Dr. S. Radhakrishnan on 26th October 1962 due to Chinese Aggression. It was revoked by Zakir Hussain on 10th January 1968.
*The second National Emergency was proclaimed by V.V. Giri on 3rd December 1971 due to India-Pak War. (It was continued during the third National Emergency)
*The third National Emergency (First Internal Emergency) was proclaimed by Fakrudin Ali Ahmed on 25th June 1975 due to Internal Disturbance.
*Second Emergency 1971 was (5 years 3 months and 18 days) was the longest National Emergency
*Both the second and the third emergencies were revoked by B.D. Jetty (Acting President) on 21st March 1977.
*By the 44th Constitutional Amendment Act, the term ‘Internal Disturbance’ was substituted by ‘Armed Rebellion’. Now the third ground for proclaiming National Emergency is ‘Armed Rebellion’.
*Under Article 356, President can proclaim a State Emergency either on the report of the Governor or otherwise.
*It is also known as President’s Rule or Constitutional Emergency.
*There are two grounds to issue a State Emergency.
1.Breakdown of constitutional machinery in state.
2.Failure of the state to comply with or to give effect to any direction given by the Centre.
*A proclamation of President’s Rule must be approved by the Parliament within two months by simple majority.
*During the President’s Rule, President can take up the executive and legislative functions of the state. However he cannot assume to himself, the powers vested in the State High Court or suspend the provisions relating to it.
*President’s Rule can be extended to a maximum period of three years subject to the approval of the Parliament every six month.
*A state emergency can be revoked by the President at any time.
