Mains Daily Question
Sept. 5, 2023
Q1. Bring out the differences between National Emergency & President’s Rule. (10 Marks)
Approach:
Introduction: Bring out the constitution Articles dealing with the National Emergency and President’s Rule and their significance.
Body: Explain the difference between National emergency and President’s Rule
Conclusion:
Answer:
National emergency (Article 352) & President’s rule (Article 356) is present in Part 18 of the Indian constitution. They have been added to tackle unforeseen crises in the nation and breakdown of constitutional machinery in the states respectively.
The difference between them can be summarized as follows:
|
S.N. |
National Emergency (352) |
President’s Rule (356) |
|
1. |
It can be proclaimed only when the security of India or a part of it is threatened by war, external aggression or armed rebellion. |
It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion. |
|
2. |
During its operation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution. Its effect is that the Centre gets concurrent powers of administration and legislation in the state. |
During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre. |
|
3. |
The Parliament can make laws on the subjects enumerated in the State List only by itself, i.e. it can’t delegate the same to any other body or authority. |
The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him. So far, the practice has been for the president to make laws for the state in consultation with the members of Parliament from that state. |
|
4. |
There is no maximum period prescribed for its operation. It can be continued indefinitely with the approval of Parliament for every six months. |
There is a maximum period prescribed for its operation, that is, three years. Thereafter, it must come to an end and the normal constitutional machinery must be restored in the state. |
|
5. |
Under this, the relationship of the Centre with all the states undergoes a modification. |
Under this, the relationship of only the state under emergency with the Centre undergoes a modification. |
|
6. |
It affects the fundamental rights (FR) of the citizens. |
It has no effect on the Fundamental Rights (FR) of the citizens. |
|
7. |
Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority. |
Every resolution of Parliament approving its proclamation or its continuance can be passed only by a simple majority. |
|
8. |
Lok Sabha can pass a resolution for its revocation. |
There is no such provision. It can be revoked by the President only at his own discretion. |
Both the provisions exist to save the nation & ultimate sovereign, i.e., people of the country from exigencies that might arise, however, their application has been on arbitrary grounds, which turns the instrument of last resort into an unabridged power in the hands of Central government.
