Skip to main content

Indian Polity-Emergency

National Emergency ie. NE(352) Grounds of Deceleration 1) In case of attack from out side External emergency
2)External aggression
3)Armed rebellion(added in 44th amendment in 1978 instead of internal disturbance) internal emergency
Approval 352 declared by President has effects for only 1 month (added in 44th amendment act which was earlier 2 month)
So it must pe passed by both the houses within this period of one month by special majority(ie. Majority of total members and not less then 2/3rd present and voting) before 44th ammendment it was simple majority
one approved by the house, it has its effect for 6 month, which can be extende to an indefinit time by repeating 6 month approval rule
if lok sabha fails to approve the proclamation of emergency due to its dissolution, and the same proclamation has been passed by upper house then NE will sustain till 30 days after the 1st seating of House of the people(Lok Sabha)
Revocation President can revoke NE any time by subsequent proclamation
President must revoke the NE if Lower house or the house of the people disapproves its continuation (This was added in 44th ammendment act)
Revokation by the house of the people needs simple majority(Because already PM has majority in the House of the people, so to neutralise his controll in NE simple majority provision was added)
If 1/10th of the members of the house gives a written notice to the speaker(or to the president if house is not in season) then within 14 days a special seating is to be held for the purpose of disapproving the proclamation of emergency)
President's Rule ie. PR (356) Grounds of Decleration 1)If president is satisfied that  a situation has arisen under which state can't be carried in accordance with constitutional provisions(he can conclude so with or without Governor's report)
2)If the state fails to comply with direction provided by the centre or to give effect to it 
Approval 356 declared by President has effects for only 2 month
So it must pe passed by both the houses within this period of 2 month by simple majority(ie. Majority of present and voting)
one approved by the house, it has its effect for 6 month, which can be extende to a maximum of 3 Year(Exception Punjab 5year) 42nd ammendment act of 1976 had raised this period to 1 year, but in 44th ammendment act of 1978 it was again reduced to 6 month
if lok sabha fails to approve the proclamation of emergency due to its dissolution, and the same proclamation has been passed by upper house then PR will sustain till 30 days after the 1st seating of House of the people(Lok Sabha)
Revocation President can revoke NE any time by subsequent proclamation
NE PR
1)it can be proclamed only under war, external aggresion or armed rebellion 1)It is Proclaimed when constitutional machinary fails
2)During this State Legislative and Executive continues to fuction concurrent with centre 2)Executive is dismissed and State Legislative is either suspended or dissolved
3)only parliament can legislate 3)parliament can deligate the power of legislation for state to president or  to any athority specified by president
4)No max period 4)Max for 3 year
5)Relation of centre with all states go under go modification 5)only state under PR go modification
6)Procalmation needs special majority 6)needs simple majority
7)It affects fundamental rights of the citizen(358 which takes away 19 and 359 ) 7)It has no effect on fundamental rights of the citizens.
8)Lok sabha can pass resolution for it's revocation 8)Only President can
Financial Emergency, FM ie. (360) Grounds of decleration If president is satisfied that financial stablity or Credit of India or any part of it's teritory has been threatned
Approval 360 declared by President has effects for only 2 month
So it must pe passed by both the houses within this period of 2 month by simple majority(ie. Majority of present and voting)
Revocation President can revoke NE any time by subsequent proclamation
Effects of Financial Emergency ie. 360 President can issue in the reduction of salary and allowence of:
1)all or any class of person serving the Union and state
2)Judges of supreme court and high court
Reservation of all bills including money bill for president's consideration even after being passed by state  legislature.

Comments

Popular posts from this blog

USA violating international cyber Law

Any law not only cyber security, related should not be violated for any purpose, although we can change the rule following the proper guide lines enshrined within the law. The main reason to this argument is simple, as any law gains its strength till it is followed once violated irrespective of the reason weakens its sole purpose. Now in today’s digital world information is the most precious thing we have to keep as a individual or as a nation. Violating cyber laws creates a big dent on our future’s security as no one knows the value of information which one thinks to be null today, in future. Violating cyber laws by USA can lead to big brother syndrome for rest of the country who are not that technically advanced in digital arena. And it will eventually lead to mistrust impacting international ties which may in extreme scenario result in conservative approach by various nation in economic world , mostly by the countries having trade deficit with USA. This segregation of ec...
Breaking Myth of Petrol Debt: It has been vociferously stated by ruling dispensation that they are paying petrol debt taken by previous government.                        In this article we will be exploring two things: 1)       Whether debt paying story is true or not. 2)       Can this scenario   of paying huge petroleum borrowing   debt   of one government by other is possible or not 1)Paying Debt: Link to below image: https://www.indiabudget.gov.in/budget2014-2015/ub2014-15/rec/annex6e.pdf This data has been taken from government of India directly(As you can see in the URL). It shows that loan taken by the previous government(UPA) being maturing in NDA’s regime(2014-2019) is   1750+1750 crore rupee that is 3500 crore rupee, which is roughly equal to the cost of making “Statue Of UNITY...

vyapam-- the biggest scam

the vyapam is an admission and recruitment scam involving politicians. senior officials and businessmen in the indian state of Madhya pradesh professional examination board that is MPPEB....in hindi it is popularly known as VYAPAM: givrn below are curtain mysterious deaths from vyapam ...taken from wikkipedia 21 November 2009 Vikas Singh Thakur Middleman in PMT scam Died in Barwani because of illness and adverse drug reaction 2 12 June 2010 Shyamvir Yadav Middleman in PMT scam from Gwalior Died in Raisen in a road mishap 3 14 June 2010 Anshul Sachan 24-year old MBBS student, who joined the Sagar Medical College in 2009. Allegedly a middleman in the PMT scam. He and two of his friends died in a road mishap, while returning from Bhopal to Sagar. Their car crashed into a truck near Raisen. According to Anshul's father, the three were drunk and were probably over-speeding. His grandfather does not suspect any foul play in the death either. The truck driver was arrested and late...