Emergency powers of Indian President

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The President deals with the following three types of emergencies.

National emergency

According to Article 352, the President proclaims National Emergency which must be approved by the both the Houses of Parliament within one month, and after approval the Emergency continues for six months.

During the period of National Emergency, the President acquires certain extra ordinary powers. He can give directions to any state with regard to the manner in which its executive power is to be exercised.

He can modify the pattern of distribution of financial resources between the Union and the States. The president can suspend the Fundamental Rights of citizen except Article 20 and Article 21.

President’s Rule

President’s rule is also known as a state emergency or constitutional machinery in the States and Article 365 ie, failure to comply with or to give effect to directions given by the Union, the President proclaims President’s Rule.

The proclamation should be approved within two months by both the Houses of Parliament, the it remains in the entire country or in the whole or any part of the concerned State and the Election Commission certified that due to difficulties the general elections to the concerned state Legislative Assembly cannot be held than President’s Rule can be extended six months at a time.

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During President’s Rule, the State Governor on behalf of the President carries on the State Administration with the help of the advisors appointed by the President or the Chief Secretary of the State. However the President cannot interfere with the jurisdiction of the concerned State High Court.

Financial Emergency

The President proclaims Financial Emergency under Article 360, if he is satisfied that the financial stability or credit of India or any part thereof is threatened. This proclamation must be approved within two months by Parliament.

During the period of Financial Emergency the president can give directions to the states to observe the canons of financial property. He can issue directions to reduce the salaries and allowances of all or any class of persons serving under the state, under the Union including the judges of the Supreme Court and High Court.

All money bills and financial bills passed by the state legislative can be reserved for President’s consideration during the period of financial emergency. However it should be mentioned here that so far this type of Emergency has not been declared.  

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