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Emergency powers of the president

(Part 18 Article 352 to 360)

National emergency

  1. According to Article 352 of the Indian Constitution, the President can declare national emergency in case of war, external aggression or internal disturbance.

  2. But according to Article 352 (3), the President can make such a proclamation only when the Cabinet under the leadership of the Prime Minister gives written consent to the President.

  3. For the President to use Article 352, it is not necessary that war or external aggression has become an internal disturbance, but he can declare national emergency even on such apprehension.

  4. According to the 44th Amendment, the use of Article 352 is subject to judicial review.

  5. If a resolution in support of Article 352 is not passed by both Houses of Parliament within one month of the proclamation of Article 352, then the proclamation of national emergency automatically ends.

  6. After being approved by the Parliament, the proclamation of national emergency remains valid for 6 months.

  7. Under this proclamation, the Union enjoys extraordinary executive and legislative powers. The governments of the provinces run as per the instructions of the Union Government.

  8. Under Article 353 (a), during the period of national emergency, the federal executive can give instructions to the provinces on any subject, whereas in normal circumstances, it can do so only on the subjects specified in Articles 256 and 257.

  9. During a national emergency, Parliament can by law extend the term of the Lok Sabha by one year, while in ordinary circumstances under Article 83 (2) it can be extended by 6 months.

  10. National disaster management can be done in the entire context. During national emergency, the Parliament can by law extend the term of the Lok Sabha by 1 year whereas in ordinary circumstances under Article 83 (2) it can be done for 6 months.

  11. National disaster management can be done in the entire country or any part of the country. Till now, national emergency has been imposed thrice in 1962 (at the time of Chinese invasion), 1971 (at the time of Pakistani invasion) and 1975 (in the name of internal disturbance). or any part of the country. Till now, national emergency has been imposed thrice in 1962 (at the time of Chinese invasion), 1971 (at the time of Pakistani invasion) and 1975 (in the name of internal unrest).

President’s Rule

  1. In case of failure of the constitutional machinery in any province, President's rule can be imposed by the President under Article 356.

  2. Its announcement is based on the recommendations of the Governor and the Union Cabinet.

  3. During the period of implementation of this proclamation, the executive power of the state is in the hands of the President and the legislative power is in the hands of the Parliament, while the provincial judiciary works as before.

  4. Due to the failure of the constitutional mechanism, the maximum period of President's rule declared is 3 years but it is necessary to keep passing the approval resolution by the Parliament every 6 months.

  5. Till now this proclamation has been made more than 110 times and was first implemented in Punjab.

Financial emergency

  1. When there is a threat to the financial credibility of the country, the President makes a proclamation under Article 360 ​​and takes all the financial powers into his hands.

Special address of the President (Article 87)

  1. Every year after the general elections, the President addresses both the Houses assembled together in a session. The address generally describes the policies of the government.

  2. There is extensive discussion on the President's address in both the houses of the Parliament under Rule 1718 etc. but in this discussion the President is not directly criticized.

  3. Under Rule 20, the reply is given by the Prime Minister at the end of the discussion of the address. After the Prime Minister's reply, the motion of thanks is put to vote.

  4. Under Rule 247, after the motion of thanks is passed, its information is given to the President by the Speaker of the Lok Sabha.

  5. Quorum in the House Under Article 100, Garh Murti Quorum for any meeting of the House will be 1/10 of the total number of members including the Speaker or the person acting as Speaker. 7 Lok Sabha will be 55 and Rajya Sabha will be 26.

  6. Language of Parliament: According to the declaration made by the Constitution under Article 120, the work of Parliament will be conducted in both Hindi and English, but the Speaker can allow any MP to speak in his mother tongue. At present, 15 out of the 22 languages ​​included in the Eighth Schedule are used in Parliament. Translators are working.

  7. Rule 15: Once the House has been adjourned indefinitely, the Speaker has the power to reconvene it.

  8. The adjournment of the House does not have any special effect on any work, but upon adjournment of the session, all other notices except the notice of presentation of the bill are lost.


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