Presidential Emergency Powers

Comprehensive Summary: Presidential Emergency Powers (Telugu Text)

Source: Summarized from Telugu Text Image

Origin and Types of Emergency Powers

* The concept of emergency powers in the Indian Constitution is derived from the Government of India Act, 1935.

* Procedures for imposing an emergency were adopted from Germany.

* The method of suspending fundamental rights during an emergency is from Germany, while the principle of not revoking the right to life is from Japan.

* The Indian President is vested with three types of emergency powers.

   

       
• (a) National Emergency (జాతీయ అత్యవసర పరిస్థితి)
   

National Emergency (Article 352)

* Article 352 empowers the President to declare a national emergency.

* A national emergency can be declared under conditions of:

   

       
• Foreign aggression
       
• War-like situations
       
• Internal disturbances (changed to Armed Rebellion in 1978)
   

* In 1978, the Janata Government, through the 44th Constitutional Amendment, replaced 'internal disturbances' with 'armed rebellion'.

* The Central Council of Ministers may advise the President in writing to declare a national emergency based on these reasons.

* The 44th Amendment first introduced the term "Cabinet" in Article 352, along with the requirement for "written advice".

* A Presidential declaration must be approved by both houses of Parliament within one month.

* Previously, parliamentary approval was required within two months, but the 44th Amendment reduced this to one month.

* Approval requires a 2/3rd special majority in both houses, voting separately.

* The 2/3rd special majority requirement was also added through the 44th Amendment.

* If the Lok Sabha is dissolved when an emergency is declared, the Rajya Sabha must approve it. The newly formed Lok Sabha must approve it within 30 days of its first meeting.

* If the houses disagree on approving the declaration, the emergency is revoked.

This is a comprehensive summary translated from the Telugu text image. For detailed information, please refer to original sources on the Indian Constitution and government websites.