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History & Civics

The President can issue Proclamation of National Emergency under certain circumstances. In this context explain the following:

(a) The three circumstances leading to the Proclamation of National Emergency

(b) Duration of such Proclamation

(c) Effect of such Proclamation on Centre-State relations (or Federal Provisions of the Constitution)

(d) Effect of such Proclamation on Fundamental Rights

President & Vice-President

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Answer

(a) A Proclamation of National Emergency may be made if President is satisfied that the security of India or any part thereof is threatened by-

  1. War
  2. External aggression
  3. Armed rebellion

(b) Every Proclamation of National Emergency must be approved by both the Houses of Parliament within one month.

  1. Even then, it cannot remain in operation for more than six months at a time.
  2. It will get a fresh lease of six months every time after being approved by Parliament by the said majority.

(c) So long as the Emergency lasts, the Federal provisions of the Constitution to some extent remain suspended. The Union Parliament can legislate upon any subject even though it is included in the State List.

(d) Fundamental Rights guaranteed under Article 19 remain suspended.

  1. This Article contains freedoms such as freedom of speech and assembly.
  2. The President may suspend the right to move any Court for the enforcement of such rights as may be mentioned in the Order (except the rights guaranteed under Articles 20 and 21).
  3. Article 20 says that no person shall be punished for the same offence more than once.
  4. Article 21 declares that "no person shall be deprived of his life or personal liberty except according to procedure established by law."

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