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Answer
Introduction
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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