Except Art20 and 21 all the fundamental rights are suspended. Under Art. National emergency has been imposed thrice in the country- in at time of Chinese aggression, in during the indo-pak war, in on the grounds of internal disturbances. President can declare emergency either by the report of Governor or he himself is satisfied that the situation is such that the emergency has to be imposed. But at times, President may declare emergency when a report is not received from the governor. After the 42th Amendment of the constitution the state emergency was made immune from judicial review.
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Further the duration of proclamation can be extended to 6 months each time by both Houses of Parliament passing resolution approving its continuance. Beyond the period of an year the proclamation can only be continued if the Election Commission certifies that it is not possible to hold election in the state or that territory.
The state administration runs by him or any person appointed by him generally the Governor. The parliament only passes the budget for the state. During the state emergency the Union government has absolute control over the state except the judiciary. If one looks at the past instances of state emergency in the country, three common grounds emerge that have been invoked under Art. In Rameshwar Prasad V. The court said that the state governor misled the centre in recommending dissolution of state assembly.
Emergency Provisions - Article , ,
In the historic case of S. R Bommai V. The president under Article of the constitution has the power to declare financial emergency if he is satisfied that the financial stability or the credit of India or any part of its territory is threatened.
It has to be laid before both the Houses of Parliament and ceases to operate at the expiration of two months unless meanwhile approved by the resolution of Houses. During the operation of financial emergency, the executive authority of the union extends to the giving of directions to any state to observe certain specified canons or financial propriety and such other directions that the President may find necessary.
The directions may include reduction of salaries or allowance of those serving a state, of all those in connection with the affairs of union including judges of high court and Supreme Court. There has been no occasion of financial emergency in India.
Conclusion During the period of emergency for the execution of power there might be infringement of Fundamental rights of individuals, which are judicially granted by the Constitution of India. The validity of actions must be reviewed to deter political gains and give way to political interest. Such a proclamation of emergency may be revoked by the president subsequently.
Emergency Provisions: Article 352, 356, 360
The proclamation of emergency made under article may be subjected to the judicial review and its constitutionally can be questioned in a court of law on the grounds of malafide. The proclamation made must be approved by both the houses of parliament within one month after the proclamation. The effect of the proclamation of emergency is the emergence of the full-fledged Unitary Government. Article provides that if the President, on receipt of a report from the Government of a state or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on by the provisions of the Constitution, the President may issue a proclamation.
By that proclamation, the president may assume to himself all or any of the powers vested in the Governor and may declare that the powers of the legislature of the State shall be exercisable by the Parliament.
The proclamation issued under Article must be laid before each House of the Parliament. If the proclamation is not approved by both Houses, it will expire in two months. The Proclamation is so approved by Parliament by simple majority shall be in operation for six months.
However, it may be revoked in between or extended further by the Parliament. Article states that if the President is satisfied that a situation has arisen whereby the financial stability or the credit of India or any part thereof is threatened, President may declare a state of financial emergency.