Emergency provision in Indian constitution

Emergency provision in Indian constitution Three types of emergencies have been arranged in Articles 352 to 360 of the Constitution of India. Which is as follows - 1. Threat to the security of the nation. 2. Failure of constitutional machinery in a state. 3. Financial emergency. 1. Threats to the security of the nation - Article 352 of the Constitution of India provides that if the President resolves that such a serious emergency has arisen, which may lead to the security of India or any part of India, war, military attacks. Or if the armed rebellion is endangered, the President may declare this effect by emergency proclamation. If the President resolves the above type of danger, he can still declare an emergency. The President can dismantle or change an earlier proclamation by making a subsequent proclamation. The Emergency Proclamation has to be presented before both the Houses of Parliament. The enforcement of the proclamation ends at the end of one month if Parliament does not approve. The President cannot make any emergency proclamation unless the Central Cabinet's decision to issue such proclamation is communicated in writing. Resolution approving the proclamation by each House of Parliament by a majority of the total members of that House and present. And can only be passed by a 2/3 majority of the voting members. The Emergency Proclamation based on Article 352 was used in 1962, 1971 (war) and 1975 (on the basis of internal peace). Effect of emergency proclamation Emergency declaration has the following effects - 1. Direction by the Union to the State: In case of emergency, the executive power of the Union is extended to instruct the states as to how they should use their executive power. The executive power of the states works under the executive power of the center. 2. The power of the Union to make laws on the subjects of the State List: As long as the Proclamation Proclamation is in force, Parliament has the power to make laws for the entire territory of India or any part thereof in relation to any subject of the State List. Will be. 3. Changes in financial relations: During the period of emergency proclamation, the President can, by order, change the relations between the Center and the States. 4. Increase in the duration of Lok Sabha: At the time of enforcement of emergency proclamation, Parliament may by law extend the term of Lok Sabha for one year. This period cannot be extended more than one year at a time. And after the end of the Emergency Proclamation will end by itself after 6 months. 5. Suspension of Fundamental Rights as provided in Article 19: According to Article 358, when the Emergency Proclamation is in enforcement, then anything from Article 19 shall give the State the power to make such a law or the Executive shall take such action. 6. Suspension of enforcement of Fundamental Rights under Article 359: At the time of enforcement of the Emergency Proclamation, the President may by order declare that any or all of the rights granted by Part 3 shall be suspended.