winners president powers 7

Presidential Powers: Emergency Provisions

Overview of Emergency Provisions

Today we'll be discussing Emergency Provisions. These are also known as "Emergency Provisions" in English. The basic idea is that the normal situation in India is disrupted or threatened by something unusual. To address these situations and bring back normal conditions, the President has special powers.

In the context of India, "Emergency Provisions" refer to situations where conditions are different from the usual state of affairs. When there are extraordinary circumstances, the President has the power to deal with these conditions and return the country to a state of normalcy. Specifically, these concern:

• Threats to India's Unity
• Threats to India's Integrity
• Threats to India's Sovereignty
• Threats to the Nation's Security
• Threats to the Indian Constitution

These provisions allow the President of India to take specific actions. These are outlined in Part XVIII (18th Part) of the Indian Constitution, covering articles from Article 352 to Article 360.

Type of Emergency	Article Number	English Name
National Emergency	Article 352	National Emergency
President's Rule	Article 356	President's Rule, Constitutional Emergency, Central Rule
National Financial Emergency	Article 360	National Financial Emergency

National Emergency (Article 352)

Who Declares?

The President of India. Importantly: The President *must* act based on the written advice of the Union Cabinet.

Reasons for Imposition (Causes):

There are two main categories of reasons for declaring a National Emergency:

• External Reasons:
• War with a foreign country.
• Foreign aggression (invasion).
• Internal Reasons:
• Armed rebellion (organized opposition to the government, regardless of the groups or individuals involved). The term used is "Armed Rebellion".

Origin of Provisions:

While the Emergency Provisions in general are derived from the Government of India Act of 1935, the principles for dealing with them, such as how the National Emergency is put into action, was from Germany

President's Rule (Article 356)

Details and Effects of President's Rule:

Upon the imposition of President's Rule, the following actions are taken:

• Dissolution of State Cabinet: The state's Council of Ministers (Cabinet) is immediately dissolved.
• Decisions Regarding Legislative Assembly: The state Legislative Assembly will have 2 decisions.
  • Dissolution: Legislative Assembly Dissolved
  • Suspension: Legislative Assembly is kept in a state of dormancy or suspended
• All laws are made by the Parliament
• The Powers of the High Court DO NOT CHANGE.
• Fundamental Rights do not get canceled.

Legislative Powers of the President

The President's legislative powers involve the power to:

• Appoint people.
• Call for Parliament session and other types of meetings.
• Give special addresses, to parliament.
• Disqualify members of parliament.
• Summon a joint sitting.
• Issue ordinances.

Parliamentary Powers, and Ordinances

• President can summon.
• President can prorogue
• The President can address the Lok Sabha, Rajya Sabha, or both houses together.
• The President can issue ordinances, and has power over joint parliamentary sessions.

The President can also appoint and manage other aspects of the parliamentary system.

Type	Details	Relevant Articles
Nomination to Rajya Sabha	Nominates 12 members with expertise in literature, science, arts, and social service (LISA).	Article 80(1)(a), 80(3)
Summoning, Prorogation of Parliament	President summons and can prorogue (adjourn) Parliament sessions.	Article 85
Special Address	President can address either House or both Houses jointly.	Article 87
Disqualification of MPs	President has the power to disqualify members of Parliament.	Article 103
Joint Sitting of Parliament	President can convene a joint sitting in the case of ordinary bills. Presided by the Lok Sabha Speaker.	Article 108
Ordinances	President can issue ordinances when Parliament is not in session.	Article 123
Rajya Sabha Chair and Deputy Chair Appointments	If the positions of Chairman and Deputy Chairman are vacant, the President can appoint a member.	Article 91(1)
Lok Sabha Speaker and Deputy Speaker Appointments	If both offices are vacant, the President can appoint a member as Speaker.	Article 95(1)

Bills Requiring the President's Recommendation

• Bills concerning state reorganization.
• Money bills.
• Budget.
• Financial bills (first type).
• Bills related to agricultural taxes.
• Bills affecting the language used in courts.
• Bills related to property nationalization.

Executive Powers of the President

Article 53(1) forms the foundation for the Presidents powers.

• Appoints prime minister.
• Appoints other ministers.
• Appoints attorney general.
• Allocates portfolios to ministers.
• Appoints comptroller and auditor general.
• Appoints Supreme Court Judges.
• Appoints high court judges.
• Establishes the Central Water Commission.
• Establishes the Inter-State Council.
• Appoints members of the Finance commission.
• Appoints members of the UPSC
• Appoints members of the election commission.
• Establishes the National commission for scheduled castes.
• Establishes the National commission for scheduled tribes.
• Establishes the National commission for backward classes.
• Appoints a commission to investigate BC conditions.
• Appoints a commission to investigate linguistic minorities.
• Appoints the Chief Minister of Delhi.
• Appoints the Council of Ministers in Delhi.
• Appoints Delhi's Administrator.
• Appoints Puducherry's Chief Minister.
• Appoints the Council of Ministers in Puducherry.
• Appoints Puducherry's Administrator.
• Appoints Governors of states.

© 2024 Presidential Powers