Q. Write a short note on provisions related to State Emergency.


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An emergency is a situation which arises due to the failure of the government machinery which causes or demands immediate action from the authority. 

Part- XVIII of Indian Constitution deals with the Emergency provisions i.e. Articles 352 to 360. There are three types of Emergencies mentioned in the Constitution. The power of imposing all three types of Emergencies is vested upon the President of India. The concept of Emergency was borrowed from the Weimar Constitution of Germany. The three types are as follows –

i.                                            Article 352 – National Emergency,

ii.                                         Article 356 – President’s Rule, and

iii.                                       Article 360 – Financial Emergency.


Provisions regarding state emergency in Indian Constitution

Owing to the reasons stated in Article 356 of the Constitution of India which are:

A.                If President is satisfied that a situation has arisen where government of state cannot be carried out in accordance with the provisions of the constitution;

B.                 If states fail to comply with directions of the Centre;

and, upon the violation of provisions mentioned under articles 355, non-adherence of direction given under articles 256 and 257;

a state emergency may be proclaimed in any of the State.


In this Emergency, when Governor of the state is satisfied that the State is not functioning in accordance with the Constitutional provisions then he may write his report to the President of India, And the President, if satisfied by the report, or upon his own satisfaction, may impose the President’s rule.


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Effects of State Emergency

During the State Emergency or President’s Rule, the entire State administrative machinery is transferred to the Union. President becomes executive head of the State and Governor works under his name.


Centre’s dominance over states

In such emergency, President by Art 356(1)(b) may by proclamation declare that the powers of the legislature of the State shall be exercisable by or under the authority of Parliament. Parliament can then confer on the President the power of the State Legislature to make laws, article 357. It simply means; that parliament assumes all the powers of that concern state legislature.

During its enforcement, parliament is authorized to make laws on subject mentioned under state list also, i.e. law and order situation in the state. Moreover, it is also provided that any such law made during that time period shall not become void after the ending of emergency, unless altered or repealed by the concern state legislature.


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