STATE EMERGENCY – FAILURE OF CONSTITUTIONAL MACHINERY IN STATE
Article 356 provided that if the President, on receipt of a report from the Governor of a State or otherwise is satisfied that a situation has arisen in which the Government of the State cannot be carried on under the provisions of the constitution, he may issue a proclamation.
During the emergency, the President administers the state through the governor and the Parliament makes laws for the state. In summary, the executive and legislative powers of the state are appropriated by the Centre. Under this, the relationship of only the state under emergency with the Centre changes.
The Parliament can delegate the power to make laws for the state to the President or any other authority specified by him. It produces no effect on Fundamental Rights (FR) of the citizens.
Effects of State Emergency
- The President may consider to himself all or any of the powers vested in or exercisable by the Governor to anybody or authority in the State.
- The President may hold that the powers of the Legislature of the State shall be used by or under the authority of Parliament.
- The President may make such related and consequential requirements as may seem to him to be important or beneficial for giving effect to the objective of Proclamation.
The President cannot, however, assume to himself, any of the powers vested in the High Court or suspend the operation of any provisions of the constitution relating to the High Court.
Approval and Duration
- A proclamation shall be laid before each House of Parliament and shall remain in operation for two months unless before the expiry of that period it has been approved by both the Houses of Parliament.
- When parliament permits than the emergency time will be extended to 6 months and if parliament does not allow this, then the emergency will over within 2 months and the maximum period that it remains in force is 3 years.
- Consequently, it must come to an end and the normal constitutional machinery must be restored in the state.
- Every decision of Parliament passing its proclamation or its continuation can be passed simply by a simple majority.
The Proclamation issued under Article 356(1) may be revoked or varied by the President by a subsequent Proclamation.
Associate at Law Offices of Kr. Vivek Tanwar Advocate & Associates