TRUE MENTORS BY ARUN KUMAR AIR-5 SSC CGL 2023
Arun Kumar
(SSC CGL-2023 AIR -5)
Indian
Polity Notes
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TRUE MENTORS BY ARUN KUMAR AIR-5 SSC CGL 2023
Emergency Provisions
From article 352 to 360 Part-18
Emergency provisions are borrowed from the Govt. Of India Act 1935
“Suspension of Fundamental Rights during proclamation of emergency” provision
borrowed from Weimer constitution
Origin of President’s Rule-USA
For the first time, the President’s Rule was imposed in Punjab in 1951
The national emergency is declared three times so far- in
1. 1962-External Emergency
2. 1971-External Emergency
3. 1975-Internal Emergency (Fakruddin Ali was President)
No financial emergency has been declared
44th Amendment Act of 1978
Substituted the words “armed rebellion” for “internal disturbance”
Recommendation (only on the concurrence) from the Cabinet in written
Proclamation of Emergency must be approved by both the Houses of Parliament within one
month
There is a provision for the Judicial Review of National Emergency
Emergency Provisions: Types of Emergencies
1. National Emergency-352
2. Constitutional Emergency-356
3. Financial Emergency-360
National Emergency (Article 352)
External Emergency – Declared on the ground of ‘war’ or ‘external aggression’.
Internal Emergency – Declared on the ground of ‘armed rebellion’.
Need recommendation of Cabinet in written
PM has no power to issue emergency
Approval-by both the houses of parliament within one month from the date of its issue by
(Special Majority)
Minimum= 6 Months
Maximum= Indefinite Period (Need an approval of the Parliament after every six months)
Lok Sabha extends for 1 year (cannot continue beyond a period of six months after the
emergency has ceased to operate)
Suspension of Fundamental rights under Article 19 (6 FRs)- Article 358
Suspension of other Fundamental Rights: Under Article 359
Article 19 can only be suspended when the National Emergency is laid on the grounds of
war or external aggression and not in the case of armed rebellion
President cannot suspend Fundamental Rights guaranteed by Article 20 and 21.
Revocation of National Emergency
1. By the President at any time by a proclamation. Parliamentary approval not requires
2. The Lok Sabha can pass a resolution by a simple majority disapproving its continuation.
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TRUE MENTORS BY ARUN KUMAR AIR-5 SSC CGL 2023
The parliament can make laws on any subject mentioned in the state list, (become
inoperative six months after the emergency has ceased to be in operation.
President’s Rule (Article 356)
It is also known as Constitutional emergency or State Emergency.
It is invoked in case of failure of constitutional machinery in a state.
Article 365-The state has to comply the directions of center. If state does not the president
can issue the president’s rule
Approval- by both the houses of parliament within 2 months from the date of its issue.
(Simple majority)
Minimum-6 months
Maximum-3 years (Need an approval of the Parliament for every six months)
First president rule- Punjab- 1951
The President’s Rule has been imposed on more than 134 occasions
Maximum times imposed in Manipur (10 times) & UP (10 times)
Sarkaria Commission-Use it as a last option
Financial Emergency Article 360
In a situation of financial instability or failure of financial machinery
Approval- by both the Houses of Parliament within 2 months from the date of its issue
(Simple Majority)
Minimum-6 Months
Maximum- No Limit
Once approved by both the houses of Parliament, the Financial Emergency continues
indefinitely till it is revoked.
Reduction of salaries and allowances of all or any class of persons serving the Union; and
the judges of the Supreme Court and the High Courts.
Till now No financial emergency has been issued
It was added much later by Dr. B.R. Ambedkar.
Article Approval Majority Revocation Period
Special By President (Lok Sabha Unlimited (Repeated
352 Within 1 only). No Parliamentary approval after 6 months
month approval required. required)
356 Simple By President. No Maximum 3 years
Within 2 Parliamentary approval (Repeated approval after 6
months required. months required)
360 Within 2 Simple By President. No Unlimited (Repeated
months Parliamentary approval approval not required)
required.
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