winners president powers 3

Emergency Provisions: Reasons, Imposition, and Revocation

Reasons for Imposing Emergencies

Article 352: National Emergency

There are two main reasons for imposing a National Emergency under Article 352:

1. External Reason (బహిర్గత కారణం - External Aggression or War):

   • Foreign invasion of Indian territory.
   • War with a foreign country.

2. Internal Reason (అంతర్గత కారణం - Armed Rebellion):

   • Armed Rebellion (సాయుధ తిరుగుబాటు - Armud Rebellion) within India. This means an internal, armed uprising against the government. The term used in the constitution is "Armed Rebellion".

Aggression (దురాక్రమణ) refers to the incursion of foreign forces into Indian territory. An example is the past incursion by China into the Doklam area of Sikkim, claiming it as their own.

Armed rebellion can involve any group within India - civilians, labor unions, government employees, or even the armed forces - rising up against the government. The term "insurgency" is sometimes used in English, but the Constitution specifically uses "armed rebellion."

Article 356: President's Rule

President's Rule under Article 356 is imposed when there is a breakdown of constitutional machinery (రాజ్యాంగ యంత్రాంగం వైఫల్యం) in a state. This is stated as "Constitutional mechanism breakdown in states".

The Constitution does not explicitly define what constitutes a "breakdown of constitutional machinery." A more detailed explanation will be provided when discussing Article 356 specifically. However, in brief, it can include situations like:

• The existing government is unable to function effectively.
• The existing government loses its majority.
• No party can form a government after state assembly elections due to a lack of a clear majority.
• The state government fails to comply with directions given by the central government under Article 365.
• Deterioration of law and order (శాంతిభద్రతలు క్షీణించడం) in the state.

In essence, a breakdown of constitutional machinery can be understood as a situation where the state government cannot govern according to the provisions of the Constitution.

Article 360: Financial Emergency

A Financial Emergency under Article 360 is declared when the President believes that the financial stability of India is threatened (భారత ఆర్థిక వ్యవస్థకు భంగం).

The Constitution does not explicitly define what constitutes a threat to India's financial stability. However, it can be broadly understood to encompass situations like:

• Significant decline in imports and exports.
• Depletion of foreign exchange reserves.
• Reduction in tax revenue for the government.

The 2020 COVID-19 pandemic, for instance, created a situation where imports, exports, foreign exchange reserves, and tax revenues were significantly impacted. This *could* be considered a situation threatening India's financial stability.

Where are Emergencies Imposed?

Article 352: National Emergency

A National Emergency can be imposed on the entire territory of India or a specific part of India.

Article 356: President's Rule

President's Rule is imposed on the entire state.

Article 360: Financial Emergency

A Financial Emergency can be imposed on the entire territory of India or a specific part of India.

Articles 352 and 360 can be applied to all of India or a specific region. Article 356, however, is *always* applied to an entire state. For example, President's Rule in Telangana would apply to the whole state of Telangana, not just a part of it. The same applies to Andhra Pradesh.

Who Imposes Emergencies?

The President (రాష్ట్రపతి) imposes all three types of emergencies (Articles 352, 356, and 360).

Parliamentary Approval

Article 352: National Emergency

After the President declares a National Emergency, Parliament must approve it within one month with a special majority.

Article 356: President's Rule

[Information about the timeframe for parliamentary approval of Article 356 is incomplete in the provided text. It should be *two months* with a *simple majority*. This section will be completed in the "Parliamentary Approval - Continued" section.]

Article 360: Financial Emergency

[Information about the timeframe for parliamentary approval of Article 360 is incomplete in the provided text. It should be *two months* with a *simple majority*. This section will be completed in the "Parliamentary Approval - Continued" section.]

When Does the Emergency Come into Effect?

Article 352: National Emergency

The National emergency comes to effect, from the date of approval of the Second house of the parliament

Article 356: President's Rule

The President's rule comes to effect, from the date of president's proclamation

Article 360: Financial Emergency

The financial emergency comes to effect, from the date of approval of the Second house of the parliament

Who Revokes the Emergency?

Any of the emergencies (Articles 352, 356, and 360) can be revoked by:

• A proclamation by the President.

• A resolution passed by the Council of Ministers (కేంద్ర మంత్రిమండలి).

What if the Lok Sabha is Dissolved?

If the Lok Sabha (Lower House of Parliament) is dissolved when any of the three emergency proclamations (Articles 352, 356, or 360) are made, the following procedure applies:

1. The Rajya Sabha (Upper House of Parliament) must approve the resolution.
2. Once the Lok Sabha is reconstituted, it must approve the resolution within 30 days from the first day of its first sitting.

The President revokes the emergency. There will be no joint session of both houses.

National Emergency has been imposed three times in India so far.

Parliamentary Approval - Continued

Let's complete the information about parliamentary approval, picking up where we left off.

Article 356: President's Rule

Parliament must approve President's Rule within two months with a simple majority.

Article 360: Financial Emergency

Parliament must approve a Financial Emergency within two months with a simple majority.

Effects of emergencies will be discussed during the detailed discussion of the specific articles.

This is a simplified explanation of the emergency provisions. It's very important and useful for various competitive exams, from UPSC to state-level exams.