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Emergency provisions from "summary" of Indian Polity by M. Laxmikanth
Emergency provisions in the Indian Constitution are a set of special powers that can be invoked by the President of India under specific circumstances. These provisions are outlined in Part XVIII of the Constitution, which deals with emergency provisions. There are three types of emergencies that can be declared: national emergency, state emergency, and financial emergency. A national emergency can be declared in the event of war, external aggression, or armed rebellion. This gives the central government the authority to take over the powers of the states and suspend some fundamental rights. The President must be satisfied that a grave emergency exists before declaring a national emergency, and the proclamation must be approved by Parliament within one month. A state emergency, also known as President's Rule, can be declared when the constitutional machinery in a state breaks down. This can happen due to reasons such as failure of the state government to function according to the Constitution or if the state legislature is unable to elect a leader. In such cases, the President can assume all the powers of the state government and appoint a Governor to administer the state. A financial emergency can be declared when the financial stability or credit of India or any part of its territory is threatened. This gives the President the authority to issue directions to states to follow certain financial principles, and the President can also reduce salaries of officials and judges to manage the financial situation. Emergency provisions are a crucial aspect of the Indian Constitution as they provide a mechanism to deal with extraordinary situations that threaten the security, stability, or financial health of the country. While these provisions grant extraordinary powers to the President and the central government, they also come with safeguards to ensure that they are not misused. The declaration of an emergency must be approved by Parliament, and the President's actions during an emergency can be challenged in a court of law.- Emergency provisions are a necessary component of the Indian Constitution to ensure that the country can respond effectively to crises and maintain its integrity and stability. They strike a delicate balance between providing the government with the powers it needs to act decisively in times of emergency and protecting the fundamental rights and democratic principles enshrined in the Constitution.
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