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The President of India is empowered to declare three types of emergency situations to deal with an extraordinary situation according to the Constitution of India.
(i) National Emergency
(ii) State Emergency
(iii) Financial Emergency
National Emergency is declared On the basis of war, external aggression and armed rebellion.
The President has the right to declare a National Emergency Article 352.
The President can declare this emergency after receiving the written recommendation of the Cabinet.
During this time, Parliament can legislate on any subject included in the state list that is valid for a maximum period of six months after the end of the Emergency.
The declaration of this emergency must be approved by the two Houses of Parliament – Lok Sabha and Rajya Sabha.
If approved by a special majority, the national emergency will continue for six months.
Six freedoms under article 19 – Freedom of speech and expression (A), freedom to live and settle in any part of the territory of India (E), freedom to assemble peacefully and without arms (B), practice any profession or any Freedom to do business. , Trade or occupation (g) Freedom of formation of associations or unions or cooperatives (C), Freedom to move throughout India (D) – Automatically suspended during internal emergency (war or external aggression) and internal emergency Not during (due to armed rebellion).
The President can suspend all the fundamental rights of citizens Except for (1) offenses (Art. 20) and (2) the right to safety in relation to being convicted for life and personal liberty (Art. 21).
While this emergency is being announced, the normal term of the Lok Sabha and state legislatures can be extended for one year by an Act of Parliament. This can be done several times, but an Act is required each year by Parliament.
Tenure of 5Th Lok Sabha (1971–1977) The Act was enhanced by the Parliament passing the Act.
The first national emergency was announced by the then President S. Radhakrishnan When Jawahar Lal Nehru The Prime Minister was on 26Th October 1962 due to Chinese invasion. The Defense Minister was VKKrishna Menon. Canceled by Zakir hussain At 10Th January 1968.
The second national emergency was declared by the then President VVGiri When Indira Gandhi Prime Minister was at 3Third December 1971 due to Indo-Pak war. Defense Minister Jagjivan Ram was. It was continued during the Third National Emergency. It was the longest national emergency (5 years 3 months 18 days).
The third national emergency (the first internal emergency due to internal disturbances) was declared. Fakruddin ali ahmed At 25Th June 1975. Indira Gandhi Was the Prime Minister. Shah’s commission was appointed to detect internal disturbances.
Both second and third emergencies were repealed BDJetty (Caretaker president) on 21St. March 1977.
From 44Th Constitutional Amendment Act of 1978 The term ‘internal disturbances’ was renamed to ‘armed rebellion’.
There are three emergencies declared by the President. We have seen in this session about the National Emergency. In the next section, we can go into detail about two other emergencies.