Mains Daily Question
Dec. 16, 2021

How does national emergency differ from the President‘s rule? Comment.

Model Answer

 The emergency provisions contained in article 352 (national emergency) and article 356 (President‘s rule) enable the central government to meet any abnormal situations effectively. Although their purpose is similar, these two emergencies differ widely in many regards.

National emergency (article 352)

President‘s rule (article 356)

grounds of proclamation – When security of India or a part of it is threatened by war, external aggression or armed rebellion

When there is a failure of constitutional machinery in the state

The state executive and legislature continues to function. However, the Centre gets concurrent powers of administration and legislation in the state

Executive is dismissed and the state legislature is either suspended or dissolved. Centre assumes the executing and legislative powers of the state

Parliament can make laws on the state subjects only by itself, it cannot delegate the same to any other body or authority

Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him

No maximum period prescribed for its operation. It can be continued in definitely with the approval of Parliament for every six months

The maximum prescribed period for its operation is three years. Thereafter it must come to an end and the normal Constitutional machinery must be restored in the state

Relationship of the Centre with all the states undergoes a modification

The relations of only the state under emergency with the Centre and there was a modification

Approval of its proclamation and continuance requires special majority of the Parliament

Approval of its proclamation and continuance require a simple majority

Affects fundamental rights of the citizens

No effect on fundamental rights of the citizens

Lok Sabha can pass a resolution for its revocation

No such provision. Can be revoked by the President only on his own

 

Thus the National Emergency and the President’s Rule differ in its grounds, procedures and effect on centre-state relations and fundamental rights of citizens. However, both are necessary eveils enabling centre to deal with any abnormal situation.

Subjects : Polity
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