From the enactment of the National Emergencies Act in 1976 until April 2021, 76 emergencies have been declared; 36 have expired and another 40 are currently in effect, each having been renewed annually by the president.
Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of the prevailing “internal disturbance”, the Emergency was in effect from 25 June 1975 until its withdrawal on 21 March 1977.
Under the State of Emergency Act the government invokes temporary emergency powers meant to restore peace and public order. … the life of the nation must be threatened by war, invasion, general insurrection, disorder a natural disaster or other public emergency; it must be necessary to restore peace and order.
The President may declare a state of emergency only when “the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency” and if the ordinary laws and government powers are not sufficient to restore peace and order.
Hint: The rights of personal liberty are purely fundamental in nature and cannot be suspended even during the times of an emergency. Complete answer: Article 359 of our constitution states that articles 20 and 21 of our constitution cannot be eliminated under any circumstance, even during an emergency.
(1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or 1[armed rebellion], he may, by Proclamation, make a declaration to that effect 2[in respect of the whole of India or of such part …
Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.
National Emergency: President of India can declare a national emergency in case of war, external aggression or any armed rebellion. The president can declare an emergency even before the occurrence of the threat if the President thinks that there is an imminent danger.
If a government or other authority declares a state of emergency in an area, it introduces special measures such as increased powers for the police or army, usually because of civil disorder or because of a natural disaster such as an earthquake.
: a state of emergency resulting from a danger or threat of danger to a nation from foreign or domestic sources and usually declared to be in existence by governmental authority therefore I … do proclaim the existence of a national emergency— H. S. Truman.
According to Article 20, no one can be awarded punishment which is more than what the law of the land prescribes at the time of commission of the crime. … Article 21 declares that no citizen can be denied his life and liberty except by due process of law.
The Governor declares a State of Emergency when he/she believes a disaster has occurred or may be imminent that is severe enough to require State aid to supplement local resources in preventing or alleviating damages, loss, hardship or suffering.
Explanation: So far 3 times (1962, 1971 and 1975) National Emergencies have been implemented.
According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Financial Emergency under Article-360 has never been imposed in India so far. Whereas Internal and External emergency which are part of National Emergency have been imposed once and twice respectively.
Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended. Article 19 is automatically revived after the expiry of the emergency.
Article 76 of the constitution mentions that he/she is the highest law officer of India. As a chief legal advisor to the government of India, he advises the union government on all legal matters. He also is the primary lawyer representing Union Government in the Supreme Court of India.
Article 350. Language to be used in representations for redress of grievances– Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be. Article 350A.
Article 256, states that ‘Every State shall utilize its executive powers in conformity with the laws made by the Parliament and with all the pre-existing laws prevailing in the State, and it further mentions that, the Union may exercise its executive power to give directions to the State as and when the Government of …
National Emergency is declared by the President. If India’s security is threatened by war or external aggression or armed rebellion or if there is an imminent danger or threat under Article 352.
Answer: The Supreme Court is the guardian of the constitution. He performs the following functions. (i) Original Jurisdiction: The cases which are brought directly in the first instance to the Supreme Court come under original jurisdiction.
Answer: A state of emergency resulting from a danger or threat of danger to a nation from foreign or domestic sources and usually declared to be in existence by governmental authority.
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Under state and territory legislation, an ’emergency’ is typically defined as an actual or imminent event that requires a coordinated response and represents a threat to life, persons, animals, property or the functioning of an essential service.
Emergency powers. The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.
Article 23 of the Constitution amended in 2014 includes the following provisions: Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
Article 22 Protection of life and personal liberty – Constitution of India. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
Removal. The term of governor’s office is normally 5 years but it can be terminated earlier by: Dismissal by the president at whose pleasure the governor holds office. Dismissal of Governors without valid reason is not permitted.
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