NIOS Political Science (317) Notes| Chapter-9Emergency Provisions

NIOS Political Science (317) Notes| Chapter-9Emergency Provisions. Important questions for NIOS Political Science 317 Questions Answers brings you latest queries and solutions with accordance to the most recent pointers SOS . Students will clear all their doubts with regard to every chapter by active these necessary chapter queries and elaborate explanations that area unit provided by our specialists so as to assist you higher. These queries can facilitate students prepare well for the exams thanks to time constraint . NIOS Political Science (317) Notes| Chapter-9Emergency Provisions

HS 2nd years Solutions (English Medium)

NIOS Political Science (317) Notes| Chapter-9 Emergency Provisions

 Intext Questions & Answers 

Q. 1. Fill in the blanks: 

1. Proclamation of National Emergency gives enlarged powers to the ………(Union Government, President, Supreme Court) 

Ans.: Union Government

 2. National Emergency can be declared under Article …………..(232, 352, 360)

 Ans. : 352

 3. During this period of National Emergency Lok Sabha can extend its term by ………..at a time.(oneyear.three years, five years) 

Ans.: one year. 

4. During the period of National Emergency, the Right,to……….. can be restricted. (Equality, Freedom,  Constitutional Remedies) 

Ans.: Freedom

 5. On 25 June 1975, National Emergency was declared on the ground of ……………..(external aggression. internal disturbances, financial crisis) 

Ans. : internal disturbances. 

6. The President can declare National Emergency only,if………….…

  1. The Prime Minister gives written advice.
  2. The Cabinet recommends in writing. 
  3. He himself is otherwise satisfied.

 Ans. (b) The Cabinet recommends in writing 

 7. Once approved by the Parliament, the National Emergency ordinarily remains in force for a period,of…………. (six months, 1 year, 2 years), 

Ans. : 6 months.

 Q. 2. Fill in the blanks: 

1. The proclamation of emergency due to the breakdown of Constitutional machinery in a State is covered under Article………………(352, 356, 360)

Ans.:Article 356.

2. The imposition of President’s Rule in a State can continue for …………..months without the approval of the Parliament. (one, two, six) 

Ans. : 2 months.

 3. President’s Rule in a State can be extended upto a maximum period of ……………(1 year, 2 years, 3years) 

Ans.: One year.

  4. The declaration of emergency due to the failure of Constitutional machinery in a State is made on the advice of the ………….(Chief Minister, Speaker,of Legislative Assembly, Governor) 

Ans. Governor 

5. The Parliament can approve the imposition of President’s Rule in a State for a period of……………… at a time. (three months, six months, nine months) 

Ans. Six months. 

Q. 3. Fill in the blanks: 

1. Article covers the Financial Emergency provisions. (352, 356, 360) 

Ans.: Article 356. 

2. Financial Emergency has been imposed in our country only…………(once, twice, never) 

Ans. : never. 

3. Financial Emergency can be imposed for a period of …………….at a time. (two months, six months, desired length). 

Ans.: desired length. 

4. Financial Emergency has to be passed by the Parliament within…………..(Two months, four months, six months) 

Ans.: Two months.

 5. Under Financial Emergency, the President may give directions to reduce the salaries and allowances of…….. (Union Government employees, State Government employees, All government functionaries including judges.) 

Ans.: All government functionaries including judges. 

Terminal Exercises

 1. Describe briefly the emergency provisions contained in the Constitution of India.

 Ans. Provisions have been made in the Constitution for dealing with extraordinary situations that may threaten the peace, security, stability and governance of the country or a part thereof. There are three types of extraordinary or crisis situations that are envisaged. First, when there is a war or external aggression has been committed or there is threat of the same, or if internal disturbances amounting to armed rebellion take place; second, when it becomes impossible for the government of a State to be carried on in accordance with the Constitution; and third, if the credit or financial stability of the country is threatened. In each case the President may issue a proclamation with varying consequences, in this section we will discuss the emergency caused by war sie, popularly known as the national emerge 

(i) Proclamation of National Emergency (Article 352)

The Constitution of India has provided for imposition of emergency caused by war, external aggression or internal rebellion. This is described as the National Emergency This sype of emergency can be declared by the President of India if he is satisfied that the situation is very grave and the security of ladie or any part thereof is threatened or is likely to be threatened either (i) by war or external aggression or (ii) by armed sellin within the country. The President can issue such a proclamation even on the ground of threat of war or aggression. According to the 44th Amendment of the Constitution, the President can declare such an emergency only if the Cabinet recommends in writing to do so. 

Such a proclamation of emergency has to be approved by both the Houses of Parliament by absolute majority of the total membership of the Houses as well as 2/3 majority of members present and voting within one month, otherwise the proclamation ceases to operate. In case the Lok Sabha stands dissolved at the time of proclamation of emergency or is not in session, it has to be approved by the Rajya Sabha within one month and later on by the Lok Sabha also within one month of the start of its next session. Once approved by the Parliament, the emergency remains in force for a period of six months from the date of proclamation. In case it is to be extended beyond six months, another prior resolution has to be passed by the Parliament. In this way, such an emergency continues indefinitely. But if the situation improves the emergency can be revoked by another proclamation by the President of India. 

The 44th Amendment of the Constitution provides that ten per cent or more members of the Lok Sabha can requisition a meeting 

of the Lok Sabha and in that meeting, it can disapprove or revoke the emergency by a simple majority. In such a case an emergency will immediately become inoperative. National Emergency has been declared in our country three times so far. For the first time, an emergency was declared on 26 October 1962 after China attacked our borders in the North East. This National Emergency lasted till 10 January 1968, long after the hostilities ceased. For the second time, it was declared on 3 December 1971 in the wake of the second India- Pakistan War and was lifted on 21 March 1977. While the second emergency, on the basis of external aggression, was in operation, third National Emergency (called internal emergency) was imposed on 25 June 1975. This emergency was declared on the ground of ‘internal disturbances’. Internal disturbances justified impositin of the emergency despite the fact that the government was already armed with the powers provided during the second National Emergency of 1971 which was still in operation.

SL. No.Chapters Link
1Meaning and Scope of Political ScienceClick Here
2Nation and StateClick Here
3Distinction Between Society, Nation, State and GovernmentClick Here
4Major Political TheoriesClick Here
5Preamble and The Salient Features of The Constitution of IndiaClick Here
6Fundamental RightsClick Here
7Directive Principles of State Policy and Fundamental DutiesClick Here
8Indian Federal SystemClick Here
9Emergency ProvisionsClick Here
10Union ExecutiveClick Here
11Parliament of IndiaClick Here
12Supreme Court of IndiaClick Here
13Executive in the StatesClick Here
14State LegislatureClick Here
15High Courts and Subordinate CourtsClick Here
16Local Government: Urban and RuralClick Here
17Universal adult franchise and the methods of representationClick Here
18Electoral System in IndiaClick Here
19National Political PartiesClick Here
20Regionalism and Regional PartiesClick Here
21Public Opinion and Pressure GroupsClick Here
22Communalism, Caste and ReservationsClick Here
23Environmental AwarenessClick Here
24Good GovernanceClick Here
25Human RightsClick Here
26India’s Foreign PolicyClick Here
27India’s Relations with USA and RussiaClick Here
28India and its Neighbors : China, Pakistan And Sri LankaClick Here
29Contemporary World OrderClick Here
30The United NationsClick Here
31United Nations’ Peace ActivitiesClick Here
32United Nations and Economic and Social DevelopmentClick Here
33Public Service CommissionsClick Here
34Administrative Machinery at the Centre, States and District LevelsClick Here
35Political Executive and BureaucracyClick Here
36Public Grievances and Redressal MachineryClick Here

 2. How does the imposition of National Emergency affect the life of citizens? 

Ans.: The declaration of National Emergency has far-reaching effects both on the rights of individuals and the autonomy of the states in the following manner :

  1.  The most significant effect is that the federal form of the Constitution changes into unitary. The authority of the Centre increases and the Parliament assumes the power to make laws for the entire country or any part thereof, even in respect of subjects mentioned in the State List.
  2. The President of India can issue directions to the states as to the manner in which the executive power of the states is to be exercised.
  3. During this period, the Lok Sabha can extend its tenure by a period of one year at a time. But the same cannot be extended beyond six months after the proclamation ceases to operate. The tenure of State Assemblies can also be extended in the same manner.
  4. During emergency, the President is empowered to modify the provisions regarding distribution of revenues between the Union and the States.
  5. The Fundamental Rights under Article 19 about which you have already learnt are automatically suspended and this suspension continues till the end of the emergency. But according to the 44th Amendment, Freedoms listed in Article 19 can be suspended only in case of proclamation on the ground of war or external aggression.

 From the above discussion, it becomes quite clear that emergency not only suspends the autonomy of the States but also converts the federal structure of India into a unitary one. Still it is considered necessary as it equips the Union Government with vast powers to cope up with the abnormal situations. The exigencies of the situation prevailing in the period 1975-77 necessitated certain changes in the Constitution regarding emergency provisions. Therefore, the 44th amendment was passed on 30th April 1979 to strengthen the democratic features of the Indian Constitution and to protect citizens’ rights even during the national emergency.

 3. Under what conditions can the President’s Rule be imposed in a State? 

Ans. The declaration of emergency due to the breakdown of Constitutional machinery in a State has the following effects:

  1.  The President can assume to himself all or any of the functions of the State Government or he may vest all or any of those functions with the Governor or any other executive authority. 
  2. The President may dissolve the State Legislative Assembly or put it under suspension. He may authorise the Parliament to make laws on behalf of the State Legislature. 
  3. The President can make any other incidental or consequential provision necessary to give effect to the object of proclamation.

 The way President’s Rule was imposed on various occasions has raised many questions. At times the situation really demanded it. But at other times, President’s Rule was imposed purely on political grounds to topple the ministry formed by a party differen from the one at the Centre, even if that particular party enjoyed majority in the Legislative Assembly. Suspending or dissolving assemblies and not giving a chance to the other political parties to form governments in states has been due to partisan consideration of the Union Government, for which Article 356 has been clearly misused. 

In view of the above facts, Article 356 has become very controversial. In spite of the safeguards provided by the 44 Amendment Act, this provision has been alleged to be misused by the Union Government. That is why, there is a demand either for its deletion or making provision in the Constitution to restrict the misuse of this Article. The Sarkaria Commission which was appointed to review the Centre-State relations also recommended that Article 356 should be used only as a last resort. The Commission also suggested that the State Legislative Assembly should not be dissolved unless the proclamation is approved by the Parliament. It further suggested that all possibilities of forming an alternative government should be fully explored before the Centre imposes emergency in a State on grounds of breakdown of Constitutional machinery. The Supreme Court held in the Bommai case that the Assembly may not be dissolved till the Proclamation is approved by the Parliament. On a few occasions such as when Gujral Government recommended use of Article 356 in Uttar Pradesh, the President returned the recommendation for reconsideration. The Union Government took the hint and dropped the proposal. 

4. How are the executive and legislative powers of a State exercised during the President’s Rule?

 Ans. It is the duty of the Union Government to ensure that governance of a State is carried on in accordance with the provisions of the Constitution. Under Article 356, the President may issue a proclamation to impose emergency in a state if he is satisfied on receipt of a report from the Governor of the State, or otherwise, that a situation has arisen under which the Government of the State cannot be carried on smoothly. In such a situation, proclamation of emergency by the President is called ‘proclamation on account of the failure (or breakdown) of constitutional machinery.’ In popular language it is called the President’s Rule. Like National Emergency, such a proclamation must also be placed before both the Houses of Parliament for approval. In this case approval must be given within two months, otherwise the proclamation ceases to operate. If approved by the Parliament, the proclamation remains valid for six months at a time. It can be extended for another six months but not beyond one year. However, emergency in a State can be extended beyond one year if

  1.  a National Emergency is already in operation; or if
  2.  the Election Commission certifies that the election to the State Assembly cannot be held. 

This type of emergency has been imposed in most of the States at one time or the other for a number of times. It was in 1951 that this type of emergency was imposed for the first time in the Punjab State. In 1957, the Kerala State was put under the President’s Rule. There have been many cases of misuse of ‘constitutional breakdown’. For example, in 1977 when Janata Party came into power at the Centre, the Congress Party was almost wiped out in North Indian States. On this excuse, Desal Government at the Centre dismissed nine State governments where Congress was still in power. This action of Morarji Desai’s Janata Government was strongly criticised by the Congress and others. But, when in 1980 (after Janata Government had lost power) Congress came back to power at the Centre under Mrs.Gandhi’s leadership and dismissed all the then Janata Party State Governments. In both cases there was no failure of Constitutional machinery, but actions were taken only on political grounds, 

In 1986, emergency was imposed in Jammu and Kashmir due to terrorism and insurgency. In all, there are more than hundred times that emergency has been imposed in various States for one reason or the other. However, after 1995 the use of this provision has rarely been made. 

5. Mention the effects of Financial Emergency,

 Ans. The third type of Emergency is Financial Emergency provided under Article 360. It provides that if the President is satisfied that the financial stability or credit of India or any of its part is in danger, he may declare a state of Financial Emergency. Like the other two types of emergencies, it has also to be approved by the Parliament. It must be approved by both Houses of Parliament within two months. Financial Emergency can operate as long as the situation demands and may be revoked by a subsequent proclamation. 

Effects of Financial Emergency

 The proclamation of Financial Emergency may have the following consequences:

  1. The Union Government may give direction to any of the States regarding financial matters. 
  2. The President may ask the States to reduce the salaries and allowances of all or any class of persons in government service.
  3. The President may ask the States to reserve all the money bills for the consideration of the Parliament after they have been passed by the State Legislature.
  4. The President may also give directions for the reduction of salaries and allowances of the Central Government employees including the Judges of the Supreme Court and the High Courts. 

So far, fortunately, a financial emergency has never been proclaimed.

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