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

Peasant movement during freedom struggle

Unlike the earlier peasant movements that arose from discontentment among the peasantry, the peasant movements in the twentieth century were influenced by national freedom struggle. This phase witnessed an increased involvement of middle-class, modern educated class in peasant resistance movements. This led to percolation of the idea of nationalism among the peasantry too. Gandhian Peasant Movements These movements were essentially non violent in nature. Satyagraha (fast unto death) was the defining feature of these moments to build moral pressure on britishers to accept their demands. Champaran Satyagraha 1917 : In Champaran, the peasants were agitating against the planters who were forcing the peasants to grow indigo under the exploitative tinkathia system . This system forced cultivation of indigo in 3/20th of land held by the peasant. One of their leaders, Raj Kumar Sukul invited Gandhi to resolve the issue. Gandhi led the movement by launching satyagraha and mobilised the peasan...

Different perspective of Freedom-----market economy vs social stability

  What we can define we can control, perhaps this is the reason why we cant define emotion. This article is all about Freedom and its scope.   I will define freedom as this   article progresses towards required point. Pre-requisite: Cost of Happiness: happiness is not something static, it’s a dynamic concept and its directly linked to the edge of our freely floating mind . In other words if someone/something is responsible for your happiness(social/sexual/psychological) wont last long until and unless there is some desirable or at least some socially acknowledgeable value is added to the status quo. Now since this change traces the edge of our freely floating mind (and our mind tend to spread to the extreme extant of our economic/social/psychological reach) it becomes difficult or rather costly to continuously sustain this change. I call it cost of happiness   , that we have to keep paying .   Biasness: Lack of knowledge is called biasness. If ...

आजादी

जिसे हम परिभाषित कर सकते हैं उसे हम नियंत्रित कर सकते हैं, शायद यही कारण है कि हम भावनाओं को परिभाषित नहीं कर सकते। यह लेख सभी स्वतंत्रता और इसके दायरे के बारे में है।   मैं स्वतंत्रता को परिभाषित करूंगा क्योंकि यह लेख आवश्यक बिंदु की ओर बढ़ता है। पूर्व-अपेक्षा: खुशी की लागत: खुशी कुछ स्थिर नहीं है, यह एक गतिशील अवधारणा है और इसका सीधा संबंध हमारे स्वतंत्र रूप से तैरने वाले दिमाग से है। दूसरे शब्दों में अगर कोई / कुछ आपकी खुशी के लिए ज़िम्मेदार है (सामाजिक / यौन / मनोवैज्ञानिक) लंबे समय तक नहीं होगा और जब तक कि कुछ वांछनीय या कम से कम कुछ सामाजिक रूप से स्वीकार्य मूल्य को यथास्थिति में नहीं जोड़ा जाता है। अब चूंकि यह परिवर्तन हमारे स्वतंत्र रूप से तैरने वाले मन के किनारे का पता लगाता है (और हमारा दिमाग हमारी आर्थिक / सामाजिक / मनोवैज्ञानिक पहुंच के चरम विस्तार तक फैलता है) इस परिवर्तन को निरंतर बनाए रखना मुश्किल या महंगा हो जाता है। मैं इसे खुशी की कीमत कहता हूं, कि हमें भुगतान करते रहना है।   Biasness: ज्ञान की कमी को पूर्वाग्रह कहा जाता है। यदि आप किसी विशेष धर्म, संबंध, सरक...