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State emergency: Article 356 Indian Constitution

State Emergency

Article 355- It’s the duty of the centre to protect state from this three things-

  • External aggression
  • Internal disturbance
  • Respecting constitutional provisions.

Article 356- If any state’s governor through report conveys the president that in his view the state is not governing properly or constitutionally.

If the president is satisfied that the states governor is not respecting the constitutional provision. At that point the president can proclaim the emergency in that state.

Now in respect of the state along with article 356 President has the power in Article 365-

If state doesn’t follow the directions of the centre in that situation president can say that this is the situation in which the state Is not functioning according to the Constitution and can proclaim the emergency.

Let’s understand this with an example:
On 6th Dec 1992 when in Ayodhya (UP) Babri Majid demolition was happened then unrest takes place in our country. Many people died in that and because of that on 15th December 1992.

In Article 356 State emergency president has issued a proclamation and states like Madhya Pradesh, Rajasthan, Himachal Pradesh there government was dismissed.

The president at that point observed that all this states are not obeying the principle of secularism and secularism is an important principle of our constitution.

After some year in karnataka, President rule was imposed through validity of article 356 in case of SR Bommai v Union of India The supreme court had said that the federal structure of India can’t be compared with other country.

President satisfaction and the grounds which they are proclaiming emergency that is subject to judicial review.

Governor of Karnataka has send a report to president that the state us not running according to constitution and if the president is satisfied with the report and on 1st February 19 president proclaim emergency.

What happens in a state emergency?

The declaration of a State of Emergency helps elected leaders achieve this mission. ... A State of Emergency, according to state law, can be declared during a situation or imminent threat of widespread or severe damage, injury or loss of life or property, resulting from a natural or man-made cause.

Approval and Duration

  • On the date from which the emergency is proclaimed from that to 2 months.

  • On the date when it is proclaim it will be send to parliament for the approval.• Parliament (Rajya Sabha + Lok sabha) =simple majority i.e. Total memberships 50%

  • When parliament approves than the emergency period will be extended to 6 months and if parliament doesn’t approves this than the emergency will over within 2 months.

  • State emergency can exits maximum upto 3 years but in every 6 months it have to take an approval from the Parliament.

  • If the emergency exits for more than one year than two condition must fulfill-

A. A National Emergency is in operation
B. Election commission certifies that the election to the state assembly cannot be held If this two conditions are fulfilled than only the emergency can exits more than one year.

Revocation
If the president wants he can revoke the emergency without the permission of anybody at any time.

Articles on National Emergency in India

  1. Three Types of Emergencies Under The Indian Constitution
  2. Emergency Provisions: Effects and Impact
  3. Position of Fundamental Rights during Emergency
  4. Judicial Review of Presidential Proclamation Under Article 322
  5. National Emergency

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