Emergency : M Laxmikanth

chap 16 

Indian Polity-Emergency

National Emergency ie. NE(352)	Grounds of Deceleration	1) In case of attack from out side	External emergency
		2)External aggression
		3)Armed rebellion(added in 44th amendment in 1978 instead of internal disturbance)	internal emergency
	Approval	352 declared by President has effects for only 1 month	(added in 44th amendment act which was earlier 2 month)
		So it must pe passed by both the houses within this period of one month by special majority(ie. Majority of total members and not less then 2/3rd present and voting)	before 44th ammendment it was simple majority
		one approved by the house, it has its effect for 6 month, which can be extende to an indefinit time by repeating 6 month approval rule
		if lok sabha fails to approve the proclamation of emergency due to its dissolution, and the same proclamation has been passed by upper house then NE will sustain till 30 days after the 1st seating of House of the people(Lok Sabha)
	Revocation	President can revoke NE any time by subsequent proclamation
		President must revoke the NE if Lower house or the house of the people disapproves its continuation	(This was added in 44th ammendment act)
		Revokation by the house of the people needs simple majority(Because already PM has majority in the House of the people, so to neutralise his controll in NE simple majority provision was added)
		If 1/10th of the members of the house gives a written notice to the speaker(or to the president if house is not in season) then within 14 days a special seating is to be held for the purpose of disapproving the proclamation of emergency)
President's Rule ie. PR (356)	Grounds of Decleration	1)If president is satisfied that  a situation has arisen under which state can't be carried in accordance with constitutional provisions(he can conclude so with or without Governor's report)
		2)If the state fails to comply with direction provided by the centre or to give effect to it
	Approval	356 declared by President has effects for only 2 month
		So it must pe passed by both the houses within this period of 2 month by simple majority(ie. Majority of present and voting)
		one approved by the house, it has its effect for 6 month, which can be extende to a maximum of 3 Year(Exception Punjab 5year)	42nd ammendment act of 1976 had raised this period to 1 year, but in 44th ammendment act of 1978 it was again reduced to 6 month
		if lok sabha fails to approve the proclamation of emergency due to its dissolution, and the same proclamation has been passed by upper house then PR will sustain till 30 days after the 1st seating of House of the people(Lok Sabha)
	Revocation	President can revoke NE any time by subsequent proclamation
NE		PR
1)it can be proclamed only under war, external aggresion or armed rebellion		1)It is Proclaimed when constitutional machinary fails
2)During this State Legislative and Executive continues to fuction concurrent with centre		2)Executive is dismissed and State Legislative is either suspended or dissolved
3)only parliament can legislate		3)parliament can deligate the power of legislation for state to president or  to any athority specified by president
4)No max period		4)Max for 3 year
5)Relation of centre with all states go under go modification		5)only state under PR go modification
6)Procalmation needs special majority		6)needs simple majority
7)It affects fundamental rights of the citizen(358 which takes away 19 and 359 )		7)It has no effect on fundamental rights of the citizens.
8)Lok sabha can pass resolution for it's revocation		8)Only President can
Financial Emergency, FM ie. (360)	Grounds of decleration	If president is satisfied that financial stablity or Credit of India or any part of it's teritory has been threatned
	Approval	360 declared by President has effects for only 2 month
		So it must pe passed by both the houses within this period of 2 month by simple majority(ie. Majority of present and voting)
	Revocation	President can revoke NE any time by subsequent proclamation
Effects of Financial Emergency ie. 360	President can issue in the reduction of salary and allowence of: 1)all or any class of person serving the Union and state 2)Judges of supreme court and high court
	Reservation of all bills including money bill for president's consideration even after being passed by state  legislature.