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29th June 2024 (9 Topics)

Emergency

Context

The Lok Sabha has passed a resolution against the Emergency which was declared on June 25, 1975, to create awareness about all historic events.

About:

  • The Constitution of India provides for extraordinary measures to deal with exceptional situations that threaten the nation's security, stability, or democratic functioning. These are known as the emergency provisions, outlined in Part XVIII of the Constitution, from Articles 352 to 360.
  • Types of Emergency:
  • National Emergency (Article 352)
  • State Emergency or President's Rule (Article 356)
  • Financial Emergency (Article 360)

National Emergency (Article 352):

  • A National Emergency can be declared on grounds of war, external aggression, or armed rebellion. Key points:
  • It can be proclaimed by the President on the written advice of the Union Cabinet.
  • It must be approved by both Houses of Parliament within one month.
  • Initially valid for six months, it can be extended indefinitely with parliamentary approval every six months.
  • Fundamental Rights under Article 19 are automatically suspended during this period.
  • National Emergency has been declared three times in India's history - in 1962 (Sino-Indian War), 1971 (India-Pakistan War), and 1975-77 (internal disturbance, known as "The Emergency").

Financial Emergency (Article 360):

  • This can be declared if the financial stability or credit of India or any part of its territory is threatened.
  • Never invoked in Indian history.
  • Requires parliamentary approval within two months.
  • Can remain in force indefinitely with repeated parliamentary approval.

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