How does national emergency differ from the President‘s rule? Comment.

How does national emergency differ from the President‘s rule? Comment.

Model Answer

 The emergency provisions contained in article 352 (national emergency) and article 356 (President‘s rule) enable the central government to meet any abnormal situations effectively. Although their purpose is similar, these two emergencies differ widely in many regards.

National emergency (article 352)President‘s rule (article 356)
grounds of proclamation – When security of India or a part of it is threatened by war, external aggression or armed rebellionWhen there is a failure of constitutional machinery in the state
The state executive and legislature continues to function. However, the Centre gets concurrent powers of administration and legislation in the stateExecutive is dismissed and the state legislature is either suspended or dissolved. Centre assumes the executing and legislative powers of the state
Parliament can make laws on the state subjects only by itself, it cannot delegate the same to any other body or authorityParliament can delegate the power to make laws for the state to the President or to any other authority specified by him
No maximum period prescribed for its operation. It can be continued in definitely with the approval of Parliament for every six monthsThe maximum prescribed period for its operation is three years. Thereafter it must come to an end and the normal Constitutional machinery must be restored in the state
Relationship of the Centre with all the states undergoes a modificationThe relations of only the state under emergency with the Centre and there was a modification
Approval of its proclamation and continuance requires special majority of the ParliamentApproval of its proclamation and continuance require a simple majority
Affects fundamental rights of the citizensNo effect on fundamental rights of the citizens
Lok Sabha can pass a resolution for its revocationNo such provision. Can be revoked by the President only on his own

Thus the National Emergency and the President’s Rule differ in its grounds, procedures and effect on centre-state relations and fundamental rights of citizens. However, both are necessary eveils enabling centre to deal with any abnormal situation.

Subjects : Polity

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