Mains Daily Question
Jan. 18, 2024

Q.1 Elaborate different types of emergency provisions provided by the constitution of India. State wide ranging effects these provisions have on fundamental rights, federalism and finances. (10M, 150W)

Model Answer

Approach: 

Introduction: Introduce by mentioning meaning and some constitutional provisions related to Emergency.

Body: Mention various types of emergencies, related constitutional Articles and briefly elaborate their effects on  fundamental rights, federalism and finances.

Conclusion: Conclude by mentioning the need for maintaining a balance between safeguarding national security and individual freedom.

 

Answer- 

Articles 352 to 360 of Part XVIII of the Indian constitution provides for emergency related provisions. When an extraordinary situation arises, and that situation cannot be handled with the existing administrative mechanisms, the constitution provides for the imposition of an emergency to handle the situation effectively. The purpose of these provisions is to protect the Constitution, the democratic political system, financial stability, sovereignty, unity, integrity, and security of the nation.

 

Types of Emergencies:

  1. National Emergency (Article 352): Under Article 352, when war, external aggression, or armed rebellion threatens the security of India or a part of it, the president can declare a national emergency. The President may declare a national emergency, even before the occurrence of the actual threat, if he is satisfied that the safety of India or a part of it is threatened.
  2. State Emergency (Article 356): The centre has a responsibility to make sure that each state government operates in accordance with the provisions of the constitution. If the constitutional machinery fails in the state, the centre can assume control of the state. This is famously known as President’s rule.
  3. Financial Emergency (Article 360): Article 360 empowers the President to proclaim a financial emergency if he/she is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

 

Effects of Emergency on fundamental rights, federalism and finances:

1.Effect on Fundamental rights: 

The impact of a National emergency on Fundamental rights is described in Articles 358 and 359 of the constitution.

  • The six fundamental rights under Article 19 are immediately suspended when a proclamation of national emergency is made, under Article 358. Their suspension does not require a separate court order.
  • According to Article 359, during a national emergency, the president is authorized to suspend the right to petition any court for the enforcement of fundamental rights. In other words, only their enforcement is delayed rather than the fundamental rights themselves.

2.Effect on Federalism:

  • National and State emergencies disturb the federal balance. National emergencies empower the Centre to encroach upon state legislative and executive domains, while State emergencies suspend state legislatures and centralize power in the Governor.
  • Under The President’s Rule, the Governor carries on with the administration of the state on behalf of the President.  He/she takes the help of the state's Chief Secretary and other advisors/administrators whom he or she can appoint. Also, the President has the power to declare that the state legislature's powers would be exercised by the Parliament.

3.Effect on Finances: 

  • Financial emergency under Article 360 Expands the Union's executive power over the States' financial affairs. After being approved by the state legislature, all money bills and other financial bills are reserved for the President's approval. The Supreme Court and High Court judges, as well as any other class of employees who serve the Union, are to have their salaries and benefits reduced, according to a directive from the President.

 

Emergency provisions are necessary for unforeseen crises but require careful application to prevent undermining the core values of the Constitution. They should be used judiciously for safeguarding both national security and individual freedoms.

Subjects : Polity
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