Question

Who proclaims emergency under article 356 of the constitution of India?

Answer 1

Hint:A state emergency can only be declared by a supreme authority as it can be easily misused. They are often used as a pretext to dissolve state governments ruled by political opponents. Executive authority can be exercised by the Governor, he does not have the authority to proclaim such an act.

Complete answer:
The proclamation of emergency is declared by the President of India. Among the various powers of the President, a state emergency can be called on the proposal of the Governor of the concerning state, under Article 365. This is called “The President’s Rule” or colloquially termed as “state emergency”. This rule is established when in case of exigencies such as delay in the election, natural disaster, or declaration of war. Almost every state in India has experienced a state emergency except the states of Chhattisgarh and Telangana. In case of such an emergency declaration, it is the Parliament’s responsibility to approve it within a period of two months. This proclamation will be instantly transmitted to the Congress and will be published in the Federal Register. This type of critical situation initially extends up to six months, in some cases it may extend to a period of two years. This rule is more likely to be misused as it can favor the ruling parties at the center.

Note:Article 356 holds enormous powers to the Union Government to claim its authority over a single state. The main purpose of this article is to give more powers to the Union Government to preserve the unity and integrity of the nation.