Emergency Powers of President of India

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Emergency Powers of President of India : : President of India | President Powers in India | President Impeachment

1.National Emergency ( Article 352 )

  • On the grounds of security threats to India by war, external aggression or armed rebellion.
  • The President can proclaim this emergency only after receiving a written recommendation from the Cabinet.
  • The proclamation of the emergency must be approved by the Parliament with in one month. If approved, it will continue for six months.
  • It can be extended for an indefinite period with an approval of the Parliament for every six months.
  • It has been proclaimed three times so far – 1962, 1971 and 1975.
  • President can suspend the operation of Fundamental Rights ( except Articles 20 and 21 ) during this type of emergency.
  • Article 19 can only be suspended in case of external emergency and not in the case of internal emergency.
  • The Parliament can make laws on items mentioned in the State list during the period of National Emergency.

2.State Emergency ( Article 356 )

  • Emergency due to failure of constitutional machinery in State.
  • The Presidents rule can be imposed when the President is satisfied, on the basis of either a report of the State Governor or otherwise, that the governance of the State cannot be carried on in accordance with the provisions of the constitution.
  • The proclamation of the Presidents rule should be approved by the Parliament within two months.
  • If approved, it remains in force for six months from the date of proclamation of the State Emergency.
  • It can be extended for a maximum period of three years with the approval of the Parliament every six months.
  • The State Governor, on behalf of the President, carries on the State administration with the help of the advisors appointed by the President or the Chief Secretary of the State.
  • The Presidents rule has been imposed more than 100 times.

3. Financial Emergency ( Article 360 )

  • The President can proclaim Financial Emergency if he is satisfied that the financial stability or the credit of India or any part there of is threatened.
  • Such a proclamation must be approved by the Parliament within two months.
  • During the Emergency, the President can issue directions for the reduction of salaries and allowances of all or any class of persons serving under the State.
  • Financial Emergency has not been declared so far.

President Vis – A – Vis Council of Ministers

  • Before the 42nd Amendment Act, 1 976, there was no provision in the Constitution which made the advice of the Council of Ministers obligatory on the President.
  • Article 74 simply stated that there shall be a Council of Ministers, with the Prime Ministers at the head, to aid and advice the President.
  • The 42nd Amendment Act made it clear beyond doubt that the President is constitutionally bounded by the advice of the Council of Ministers.
  • The 44th Amendment Act further stated that the President can send the advice back for reconsideration, but only once.
  • Although the Constitution ( after 42nd and 44th Amendment Acts ) made it mandatory or obligatory for the President to act on the advice of the Council of Ministers, but even then the practice of Parliamentary governance creates some circumstances when the President has to act as per his own wisdom.

The situations are :

  • Appointment of the Prime Minister [ Article 75 ( 1 ) ] under a situation when no single political party commands clear support of the Lok Sabha.
  • Appointing a Prime Minister in case of vacancy due to sudden death of the incumbent, where there is no acknowledged leader due to inability of the legislative party to do it or in case of absence of a settled seniority among Cabinet Ministers and a name for the Prime Minister is proposed from the outside.
  • Dissolution of Lok Sabha on the advice of the Council of Ministers which has lost the support of the majority members of Lok Sabha or against whom a vote of no-confidence motion may has been passed.
  • Dismissing ministries [ Article 75 ( 2 ) ] in case the Council of Ministers has lost the confidence of the House but refuses to resign.

Term & Emoluments

  • 5 year term.
  • Article 57 says that there is no upper limit on the number of times a person can become President.
  • Can give resignation to Vice President before full term.
  • Present Salary – ₹ 1,50,000 per month ( including allowances & emoluments) . The pension is 50% of the salary.

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