EMERGENCY PROVISIONS

NATIONAL EMERGENCY(ART.352) PRESIDENT’S RULE(ART.356) FINANCIAL EMERGENCY(ART.360)

Grounds of Declaration: Grounds of Declaration: Grounds of Declaration:
● Art.352:External Aggression or ● It is also known as state Emergency
Armed Rebellion(44th amd.) ● President to proclaim a financial
● Art.355- Duty on center to ensure
emergency, if he ‘SATISFIED’ that
● 42nd Amd. 1976- President can limit state Govt. is Working in
situation arose.
operation of National emergency to accordance to constitution
particular area Approval:
● Art.356-Duty on center to take
● National Emergency 1975- due to over state govt. in case of ● Must approved by Both Houses of
Internal Disturbance Constitution failure in state Parliament within 2 Months
● The President can proclaim only ● 2 grounds to proclaim president’s ● Resolution of approval can be
after receiving a written rule: passed by a simple majority.
recommendation from
● 1)Art.356- President to proclaim, if ● Continues indefinitely till it is
Cabinet(44th amd.)
SATISFIED action with/without revoked
● Proclamation of National Governor’s Report.
emergency brought under Judicial ● No Maximum period specified
● 2)Art.365-State fails to comply with
Review(44th amd.)
directions of centre ● No Parliamentary approval
(Minerva Mills case) needed for continuation
Approval:
Approval:
● Must be approved by both houses Revocation:
● Must be approved by both houses
within 2 months from date of issue
within 1 Month from date of issue
(44th amd.) ● If approved, it will continue for 6 ● Financial emergencies can be
months; can be extended for Max. 3 revoked by the president ANY
● If approved continues for 6 months;
Years with approval of Parliament TIME without parliamentary
can be extended to infinite with the
approval for every 6 months ● Continuation: either house, by Approval.
(periodic parliamentary approval- Simple Majority
44th amd.) ● Condition For Continuance: Effects: Center extends executive
● Approval for Continuous- By either 1)National emergency in whole authority:
of houses by Special Majority(44th country 2)Election commission to
● Directing states to observe financial
amd.) propriety
 certify No general elections due to
● Direction to President:
difficulties
Revocation:
a)Reduction of salaries & allowances
Revocation:
● President must revoke if LOK b)reservation of all money/ other
SABHA ( 1/10th Of total members ● Revoked by president ANY TIME financial bills for consideration of
of Lok Sabha give written notice to (NO PARLIAMENTARY APPROVAL presidents
Speaker)- 44th amd. NEEDED) c) Reduction of salaries & allowances
for union & state and Judges of SC&HC.
● Revocationby simple majority
Effects on State Assembly:
Effects on Center-State relations: ● President dismisses state council of
ministers
A) Executive- Center extends its
executive power to states; gives ● Governor on behalf of centre carry
directions to states on ANY matter; Administration with help of chief
(STATE GOVT. IS NOT SUSPENDED secretary (authority of
BUT COMPLETE CONTROL BY parliament)and advisor appointed
CENTER) by president (UPSC 2018)
B) Legislative- Parliament make laws ● President either suspend /Dissolve
on state list however legislative State assemble
power of the state is not suspended;
laws of parliament inoperative 6 ● Removal of Council of ministers of
months after emergency ceased; SLA
President can issue ordinance on (State Legis. Assembly does not dissolve
state subjects automatically)- UPSC 2017
C) Financial- President can
modify(reduce/cancel)distribution ● 44th Constitutional Amd 1978:
of revenues of states- such order, ‘Satisfaction of President’ this
president has to be laid before provision is brought under JUDICIAL
parliament. REVIEW COMPARATIVE

Effect on Lok Sabha and State

Assembly: Lok Sabha may extend for 1
yr at a time;Extension can not continue
beyond 6 months after emergency
ceased to operate Parliament may
extend tenure of state assembly
Effects on Fundamental Rights:
Art.358&Art.359-effects on FR during
national emergency
● Art.358- automatically suspends 6
rights of FR19 only when national
emergency on External aggression;
FR19 suspends for entire duration
of emergency and extended to
entire country
● Art.359-Suspension of other FR
except FR20&21;Suspends FR at
both cases(armed rebellion or
external); President may specify
duration and the suspension of FR
may applied to entire country or any
part of country
● 44thAmd.: automatic suspension of
FR19 only on External aggression
And Art.359- President suspend
Right to seek Remedy Except for
FR20&21.
COMPARATIVE STUDY OF PART-III CENTRAL GOVERNMENT AND PART-VI STATE GOVERNMENT

PRESIDENT (Art. 52 to 78) (PART V) GOVERNOR (ART.153-167) (PART VI)

ELECTION:
● Art.153 to 167 :state executives
By members of electoral college consisting:
1)Elected members of both LS+RS ● Governor: chief executive head; Nominal head of
2)Elected members of State legislature state
3)Elected member of UT(Delhi+Puducherry) ● 7th Const. Amd.1956: Same person as Governor of
2 or more state(UPSC 2013)
Vote of MLA= (Total Pop. Of state)/(No. of elected
members x 1000) Vote of MP= Total value of votes of ● Appointment: Governor appointed by president by
MLA/ Total no. of elected members of (LS+RS) (Value of warrant under his seal
Vote of each MLA varies from State to state) - (UPSC ● He is central nominee but independent
2018) Constitutional office
● Canadian Model of appointment of Governor.
● Election by proportional representation by means of
single transferable vote and voting secret Ballot.
QUALIFICATION:
● All disputes with elections of president resolved by
Supreme Court
● Citizen of India; completed 35yrs
QUALIFICATION:
● Governor belong to other state is a recommendation
● 35yrs above age; of Sarkaria commission (NOT constitutional
● Qualified for member of Lok Sabha provision)

● Oath Administered by CJI ● Oath Admin. By CJ of HC

Condition of Office: Condition of Office:

i)Not member of either house i)Not member of either house
ii)No office of profit
ii)No office of profit
iii)immune from criminal proceeding (even if personal)-
iii)immune from criminal proceeding (even if
No criminal proceeding during term (UPSC 2018)
personal) iv) 2 Months notice in civil proceedings during term
iv) 2 Months notice in civil proceedings during term
Art.158-The emoluments and allowances of the
Governor of State shall NOT be diminished during his
Term: 5yrs; Resign addressing to Vice President; Eligible
term of office (UPSC 2018)
for reappointment any no. of term

IMPEACHMENT: (Art 61) ● Term : 5yrs; subjected to pleasure of President

● Impeachment for violation of constitution (‘Pleasure’-NOT under Judicial Review)

● Initiated by either of the Houses ● Governor has no security of tenure

● Signed by 1/4th member & 14 days notice to ● No ground specified for removal of governor
president ● Transfer of governors by president(UPSC 2013)
● Resolution passed by Special majority by both ● Reappointment in same state is possible
houses
● Chief justice of HC may be appointed temporarily if
● (Elected+Nominated Members of LS+RS can office vacant
participate)
● No members from state Legislature and UT POWERS OF GOVERNOR
1)EXECUTIVE: Appoints tribal welfare minister;
POWERS OF PRESIDENT: Appoints-CM, advocate General, state election
(1) EXECUTIVE: Executive power of the union of India Commissioner; Acts as chancellor of university in state
is vested in the President. (UPSC 2015) make rules
2)LEGISLATIVE: Summon/prorogue/Dissolve State
for the transaction of business of union govt.;
Legislative Assembly; Nominates-1/6 member in
 Appoints- PM, CoM, Attorney General, CAG, council; Give Assent or withhold assent; return bills and
Governors, etc; Declare any area scheduled area also can Reserve bills for consideration of president;
(2) LEGISLATIVE: Summon/prorogue/dissolve LS; Issue ordinance
AppoInt speakers and dept. speakers when office
vacant; Nominates 12 personalities to RS; Decides 3)FINANCIAL: Money Bills only with prior
disqualification of members with Election recommendations of governor; constitutes state
finance commission every 5 yr
commission; Issue Ordinance
(3) FINANCIAL: Money bill prior recommendation;
4)JUDICIAL: he consulted by president while
Union Budget after president summon; constitute appointments of judges of HC; Pardoning power except
Finance Commission Death sentence
(4) JUDICIAL: Appoints CJI, Judges of SC & HC; seek
advice from SC; Grant Pardon; Commute 5)VETO POWER: For ordinary Laws governor has 4
punishment alternatives- Assent, withhold, return and reserve bill
(5) VETO POWER: President has 3 alternatives for Bills-
Assent, with hold, Return President of India enjoys 3 Regarding Money Bills: governor has 3 alternatives- it
Veto power (No Qualified Veto i.e. overridden by can NOT return Bill for reconsideration
the legislature with Higher Majority)
If Money Bill Reserved by Governor for President then
president has 2 options- Assent the bill or withhold
● Absolute Veto: To Withhold his Assent to Bill then assent; President can NOT Return Money Bill
Bill ends; it is available for- Private Members bill and
when Cabinet Resigns
● Suspensive Veto: When he Returns bill for
reconsideration; No suspensive Veto available for
Money Bill
● Pocket Veto: Simply keeping Bill pending for
indefinite time(NO ACTION); No Pocket Veto
available for Constitutional Amd. Bill; {Indian
ORDINANCE MAKING POWER: (ART.213) 43
Pocket Veto>>>Wider than American}
1)Promulgate ordinance when both or either of house
● President’s Veto power over State Bills: not in session in case of Bicameral
Art.200:Governor has 4 options- Ascent, 2) Only when he is SATISFIED* to take action (44th Amd:
withhold,Return and Reserve for President Satisfaction is under Judicial Review)
Art.201:If Bill is reserved for President’s 3)Can issue ordinance only on advice of Council of
consideration, he has 3 options- Assent,withhold ministers
assent, Direct Governor to return Bill (President is 4) Ordinance making power of president is Coextensive
with parliament but not parallel
not bound to give Assent to Bill)
5)ordinance making power of Governor is not
● ORDINANCE MAKING POWER: (ART. 123) President Discretionary power President can instruct Governor on
to promulgate ordinance during recess of Ordinance Making
parliament
1) Promulgate only when both(LS+RS) not in
session or either of house not in session PARDONING POWER OF GOVERNOR:
2) Only when he is SATISFIED* to take action (44th ● Pardon,Commute,Reprieve,Respite,Suspend
Amd: Satisfaction is under Judicial Review) convicted of any offense against State Laws
3) When parliament reassembles Both houses must
● No pardon for Death Sentence; but governor can
approve to become Act (Expiry-6 weeks; Max. Life-
suspend ,Remit, Commute Death sentence
6 Months 6 Weeks)
4) Can issue ordinance only on advice of Council of
ministers
5) Ordinance can not be issued to Amend
Constitution DISCRETIONARY POWER IN CONSTITUTION FOR
6) Ordinance making power of president is GOVERNOR: (UPSC 2014)
Coextensive with parliament but not parallel
 1)Reservation of Bills for president’s consideration
2)Recommend President’s Rule
PARDONING POWER OF PRESIDENT: (ART.72) 3)administration of Adjoining UT
● It is an executive Power; Independent of Judiciary 4)Seeking information from the Chief minister(CM)
regarding administrative and legislative policies.
● Pardon: Completely absolves conviction
● ADDITIONAL DISCRETION- establishment of separate
Commutation: Substitution to lighter punishment
Development Board Maharashtra ,Gujarat
● Remission: Reducing Period without changing Assam,Nagaland,Manipur,Sikkim,Arunachal
character of punishment Pradesh,Karnataka
● Respite: Lesser sentence than original due to special
facts- pregnancy, disability,etc
● Reprieve: Stay on execution for temporary period
DISCRETIONARY POWER(SITUATIONAL):
1) Appointment of PM and Com when No majority in
Lok Sabha or when PM dies in office
2) Dismiss CoM if No confidence Motion Approved
3) Dissolve Lok Sabha if CoM lost Majority

IMPORTANT FACTS: 1) DR RAJENDRA PRASAD- TWICE

PRESIDENT 2) SANJEEVAN REDDY-UNOPPOSED IN 1977
3) ZAKIR HUSSAIN-DIED IN OFFICE 1969 4) V.V GIRI-
ACTING PRESIDENT