NATIONAL EMERGENCY

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INTRODUCTION

The Indian Constitution distinguishes between three types of emergencies: national emergencies, state emergencies, and financial emergencies. The provisions for emergencies in India are included in Part XVIII of the Constitution. A state takes complete control of the center during an emergency, making the central authority all-powerful.

NATIONAL EMERGENCY : In accordance with the provisions of Part XVII of the Indian Constitution, from Articles 352 to 360, the President may declare a national emergency in cases of war, external attack, or armed revolt. These regulations provide the central government the ability to react appropriately to any exceptional situation.


GROUND DECLARATION : In accordance with Article 352, the President may proclaim a national emergency when war, foreign aggression, or armed revolt threatens the security of India or a portion of it. Even before any of these events actually happen, the president may declare a national emergency if he believes there is an immediate threat of war, external attack, or armed insurrection. Any portion of India’s territory may be declared to be under an emergency. The 42nd Amendment Act of 1976 gave the president the power to restrict the scope of an Indian National Emergency. Also Only with the formal consent of the cabinet may the president issue an emergency proclamation. The declaration of a national emergency is exempt from judicial scrutiny under the 38th Amendment Act of 1975.


DURATION OF EMERGENCY : A national emergency may last for six months if both houses of parliament accept it, and it may be extended for another six months with parliament consent. However, if the Lok Sabha is dissolved during those six months while a resolution to extend the National Emergency is being considered, the emergency will continue for 30 days after the first meeting of the newly elected LS as long as it is approved by the Rajya Sabha.


EFFECT OF EMERGENCY PROCLAMATION : The following are the implications of emergency declaration:
1) Executive: While a proclamation of emergency is in effect, the Union may utilize its executive authority to the extent of instructing the State in how to exercise its executive authority. Article 353 had a significant amendment as a result of the Constitution (42nd Amendment) Act of 1976.


2) Legislative: When an emergency has been declared, the Parliament may also enact State List (List II)-related legislation. The state legislature is not suspended by the emergency; rather, the division of legislative authority between the Union and State is.


3) Financial: The center has the authority to change how much money goes to the Union and the State.
The President may, by order, specify the financial arrangement between the State and the Union as specified by Articles 268 to 279 while a Proclamation of Emergency is in effect. Each House of Parliament shall be presented with this order, which will also expire when the Proclamation of Emergency is lifted.
Article 358 of the Indian Constitution provides for the suspension of the essential liberties that Indian people are granted by Article 19 of the Indian Constitution.


Effect on the Life of the Lok Sabha and State Assembly : For periods of up to a year at a time when a declaration of National Emergency is in effect, the Lok Sabha’s life may be prolonged beyond the regular term. This extension, however, is only valid for a maximum of six months after the emergency has ended.
Similar to this, during a national emergency, the Parliament may repeatedly extend the usual term of a state Legislative Assembly by one year, up to a maximum of six months after the situation has ended.
Statements made thus far :
The first declaration of a national emergency was made in October 1962 due to Chinese invasion in the NEFA, and it lasted until January 1968. This form of emergency has again been declared in 1971 and 1975.
Following the attack by Pakistan, the second declaration of a national emergency was proclaimed in December 1971.
The third declaration of a national emergency was issued in June 1975, even though the situation was still in effect. In March 1977, the second and third proclamations were also annulled.

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