it deals with the articles of emergency of our constitution

2. INTRODUCTION
National (Art.
352)
State (Art. 356)
Financial (360)
XVIIIth Chapter (Art. 352-
360)
Weimer Constitution of Germany

3. NATIONAL EMERGENCY
TYPES
EXTERNAL
WAR
EXTERNAL
AGRESSION
INTERNAL
ARMED
REBELLION
IMMINENT
DANGER
APPLICABILITY
ENTIRE
COUNTRY
ANY
PART
The President can also issue different proclamations on other grounds whether
there is a proclamation already issued by them.

4. PROCEDURE
Only after the recommendation from
the cabinet
Approved by both the houses
within 1 month
Special Majority
6 months but can be
extended to an indefinite
period with an approval of
the parliament for every six
months

5. REVOCATION
I
• By the President at any time
II
• If Lok Sabha passes resolution disapproving in
continuation
• With simple majority
III
• If 1/10th members of Lok Sabha give notice to speaker,
then a special sitting of the house should be held in 14
days.
• And resolution of disapproval passed by simple majority

6. DIFFERENCE
Resolution of
Disapproval
Passed in Lok
Sabha only
With simple
majority
Resolution approving
continuance
Passed in both
houses
With special
majority

7. EFFECTS
EFFECTS
CENTRE-
STATE
RELATIONS
EXECUTIVE LEGISLATIVE FINANCIAL
LIFE OF
LOK
SABHA
FUNDAMENTAL
RIGHTS

8. EFFECTS ON FUNDAMENTAL RIGHTS
ART. 358
SUSPENDS
ART. 19
OPERATES ONLY
IN EXTERNAL
EMERGENCY
DON’T REQUIRE
PRESIDENTIAL
ORDER
ENTIRE
DURATION OF
EMERGENCY
ART.359
SUSPENDS OTHER
FR
OPERATES IN BOTH
REQUIRES
PRESIDENTIAL
ORDER
EITHER ENTIRE OR
SHORTER PERIOD

9. 44TH AMENDMENT ACT
• CHANGED THE GROUND FOR NATIONAL
EMERGENCY
• RECOMANDATION OF CABINET IS
NECESSARY
• REDUCE THE TIME PERIOD FROM TWO
MONTHS TO ONE MONTH
• CONTINUTION APPROVAL IS NECESSARY IN
EVERY SIX MONTHS WITH SPECIAL
MAJORITY
• ARTICLE 19 CANNOT BE SUSPENDED AT THE
TIME OF INTERNAL EMERGENCY
• PRESIDENT CAN NOT SUSPEND ART. 20 21
• OTHER LAWS NOT RELATED TO EMERGENCY
CAN BE CHALLENGED IN COURT

10. STATE EMERGENCY
ALSO KNOWN AS CONSTITUTIONAL EMERGENCY OR PRESIDENT
RULE
GROUNDS
ART. 356
WHERE GOVERNMENT OF THE
STATE CANNOT BE CARRIED ON
IN ACCORDANCE WITH THE
CONSTITUTION
ART. 365
WHERE STATE FAILS TOCOMPLY
WITH OR TO GIVE EFFECT TO ANY
DIRECTION FROM CENTRE

11. PROCEDURE
Only after the approved by both the
houses within 2 months
Simple Majority
6 months but can be
extended to 3 years with an
approval of the parliament
for every six months
Two conditions need to
be fulfilled which were
inserted by 44th
Amendment Act

12. EFFECTS
• THE PRESIDENT CAN TAKE UP THE
FUNCTIONS OF THE STATE GOVERNMENT
AND POWERS VESTED IN THE GOVERNOR.
• THE STATE GOVERNOR, ON THE BEHALF OF
THE PRESIDENT, CARRIES ON THE STATE
ADMINISTRATION WITH THE HELP OF THE
CHIEF SECRETARY OF THE STATE .
• THAT IS WHY, KNOWN AS PRESIDENT
RULE.
• A LAW MADE BY PRESIDENT WILL BE
OPERATIVE EVEN AFTER PRESIDENT’S
RULE.

13. CONTROVERSIES AND SCOPE OF JUDICIAL REVIEW
“satisfied that a situation has arisen in which the government of the
State cannot be carried on in accordance with the provisions of this
Constitution, the President may be Proclamation”

14. S.R. BOMMAI CASE
• THE PRESIDENTIAL PROCLAMATION IMPOSING PRESIDET’S
RULE IS SUBJECT TO JUDICIAL REVIEW
• THE SATISFACTION OF THE PRESIDENT MUST BE BASSED ON
RELEVENT MATERIAL.THE ACTION OF THE PRESIDENT CAN
BE STRUCK DOWN BY THE COURT IF IT IS BASED ON
IRRELEVENT OR EXTRANEOUS GROUND OR IF IT WAS
FOUND TO BE MALAFIDE OR PERVERSE
• BURDEN LIES ON THE CENTRE TO PROVE THAT RELEVENT
MATERIAL EXIST TO JUSTIFY THE IMPOSITION OF THE
PRESIDENT’S RULE.
• IF THE COURTS HOLD THE PRESIDENTIAL PROCLAIMATION
TOBE UNCONSTITUTIONAL AND INVALID, IT HAS POWER TO
RESTORE THE DISMISSED STATE GOVERNMENT AND REVIVE
THE STATE LEGISLATIVE ASSEMBLY IF IT WAS SUSPENDED
OR DISSOLVED.
• SECULARISM IS ONE OF THE ‘BASIC FEATURES’ OF THE
CONSTITUTION. HENCE, A STATE GOVERNMENT PURSUING
ANTI-SECULAR POLITICS IS LIABLE TO ACTION UNDER
ARTICLE 356.

15. FINANCIAL EMERGENCY (ART. 360)
• It has never been imposed in India.
• When the president is satisfied that the
financial stability of India or any part is
affected, he may proclaim the financial
emergency.
• The proclamation must be passed by both the
houses with simple majority.
• There is no maximum period prescribed for
it’s operation.
• No requirement for its repeated
parliamentary approval.
• It is revoked by the president at an time.
• The centre may reduce the state budget,
reduce salaries etc.

16. CONCLUSION
• THE ULTIMATE MEASURE OF A MAN IS NOT
WHERE HE STANDS IN MOMENT OF COMFORT
BUT WHERE HE STANDS AT THE TIME OF
CHALLENGE.
• NO DOUBT EMERGENCY WAS THE TIME OF
CHALLENGE BUT INNER STRENGTH OF
CONSTITUTION, DETERMINED JUDICIARY AND
THE PEOPLE OF INDIA DEFEATED THAT
CHALLENGE SUBSTANTIALLY.
• 44TH AMENDMENT ACT, HISTORIC JUDGEMENT
OF MINERVA MILLS AND SR BOMMAI AGAIN
PLANTED THE COMPONENTS OF DEMOCRACY
AND JUSTICE IN THE INDIAN POLITY.