Emergency Powers of President
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| President Of India |
Emergency powers of president has been granted by the
constitution under Article 352, Article 356 and Article 360 of Indian
constitution and also president can promulgate ordinance under
article 13 of Indian constitution to tackle with abnormal conditions in time of
emergency
Part XVIII of Indian constitution states three
types of emergencies (National Emergency, State Emergency and Financial
Emergency)
President can declare three types of Emergencies
Article–352 -
Proclamation of National Emergency
– This Emergency can be imposed on entire nation when situations of war, armed
rebellion or external aggression prevails in the country
Article-356 –
State Emergency – President
can impose this Emergency when constitutional machinery fails in state
Article-360 – Financial Emergency – President can impose financial
emergency when there exists financial instability in the country
President can declare any emergency depending on the
need and situation that prevails over the entire nation, or particular state or
if the financial system of India is collapsed
Note: Article 352 was amended by 44nd amended act 1978, which
replaced the word “internal disturbance” with “armed rebellion”
and also it states that this emergency can be issued only when security of
nation is threatened by war or external aggression or by armed rebellion, but
not by the internal disturbances and with some other provisions as stated in
the 44th amendment act,
the 44th amendment act replaced many provisions of 42nd amendment
act, 1976
Article 352 was misused along with the 42nd amendment
act, 1976 that prevailed in the country during the time of Prime Minister
Indira Gandhi, to remove the distortions made by the 42nd amendment
act, 1976, 44th amendment act was made which results in
nearly 45 amendments to Indian constitution
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President of India
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