The President of India is the Constitutional Head of the Indian Republic.
In this context, answer the following questions:
Mention three types of Emergencies that the President is empowered to proclaim.
Answer
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Hint: The Constitution of India gives the President certain emergency powers, during which the President wields all the powers. Articles 352, 356 and 360 embody these powers.
Complete Step by Step Answers: The President can declare three types of emergencies.
1. National Emergency: The President can declare a national emergency when it is established that the security of India is in danger due to war, internal rebellion or external aggression. Such a provision is provided in Article 352 of the Constitution. The 44th Amendment of Article 352 specifies that the Prime MInister-in-council should recommend in writing for the proclamation of emergency. The President may send it back for reconsideration. However, when the proclamation is passed by the cabinet for the second time, the President has to accept the recommendation.
2. Constitutional Emergency: It is declared when there is a failure of constitutional machinery in the state as reported by the Governor or some other agency. Article 356 empowers the President to proclaim constitutional emergency and impose President rule. The emergency must be approved by both the Houses of the Parliament within two months of its declaration otherwise it is revoked. It is valid for one year according to the 44th Amendment of the Constitution, if it is renewed after six months. It can extend up to 3 years under special circumstances.
3. Financial Emergency: When the President is satisfied that a situation has arisen which threatens the financial situation or credit of India, he can declare financial emergency under Article 360 of the Indian Constitution. The President can adopt any measure he deems fit to restore financial stability. The proclamation is valid for two months and within this period the approval of Parliament has to be sought.
Note: The President had declared national emergency thrice while constitutional Emergency has been declared in various states for more than hundred times, but financial emergencies have not been declared in India even once till date.
Complete Step by Step Answers: The President can declare three types of emergencies.
1. National Emergency: The President can declare a national emergency when it is established that the security of India is in danger due to war, internal rebellion or external aggression. Such a provision is provided in Article 352 of the Constitution. The 44th Amendment of Article 352 specifies that the Prime MInister-in-council should recommend in writing for the proclamation of emergency. The President may send it back for reconsideration. However, when the proclamation is passed by the cabinet for the second time, the President has to accept the recommendation.
2. Constitutional Emergency: It is declared when there is a failure of constitutional machinery in the state as reported by the Governor or some other agency. Article 356 empowers the President to proclaim constitutional emergency and impose President rule. The emergency must be approved by both the Houses of the Parliament within two months of its declaration otherwise it is revoked. It is valid for one year according to the 44th Amendment of the Constitution, if it is renewed after six months. It can extend up to 3 years under special circumstances.
3. Financial Emergency: When the President is satisfied that a situation has arisen which threatens the financial situation or credit of India, he can declare financial emergency under Article 360 of the Indian Constitution. The President can adopt any measure he deems fit to restore financial stability. The proclamation is valid for two months and within this period the approval of Parliament has to be sought.
Note: The President had declared national emergency thrice while constitutional Emergency has been declared in various states for more than hundred times, but financial emergencies have not been declared in India even once till date.
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