Emergency Flashcards
Grounds of national emergency?
War, external aggression, armed rebellion
What is process for approval of a proclamation of emergency?
Must be approved by both houses within one month. But if LS is not in session, and it is approved by council of states aka rajya sabha, then it mut be passed by LS within 30 days of its reconstitution
By what majority should a proclamation of approval or continuation be passed?
Special majority - i.e., majority of total membership and majority os 2/3rd members present and voting
Proclamation of discontinuation of emergency can be passed by whom and in what manner?
1/10th of LS members must give a resolution in writing for their intention of discontinuing the resolution, to the speaker if the houe is in session, or to the president if the house is not in session.
Then a speacial sitting of the houe mut be held within 14 days
Resolution if passed by a simple majority, emergency has to be revoked
What are the grounds of president’s rule?
- Article 356 - president is satisfied - based on governor’s report OR otherwise
- Article 365 - when state govt does not follow executive orders of the union - president can declare emergency
Which fundamental rights get suspended during national emergency?
Article 19 is automatically suspended in national emergency based on 1. War 2. External aggression
Other FR’s (except article 20 and 21) may be suspended by an order of the president - such an order mut be placed before parliament
What are rules regarding suspension of article 19 during emergencies?
Suspended automatically only during national emergency on grounds of WAR or EXTERNAL AGGRESSION (not armed rebellion)
What is the status of suspension of fundamental rights during state emergency?
Not suspended automatically - not even article 19.
Under article 359, president may by order suspend the right to move to the court for enforcement of any FR (other than 20 and 21)
Which fundamental rights are suspended during national emergency?
Article 19 is automatically suspended - in case of national emergency based on WAR and EXTERNAL AGGRESSION
For suspending other FR’s or suspension of FR’s during emergency due to armed rebellion, president may law an order suspend the right to move to the court for enforcement of any FR other than 20 and 21
Any law made in derogation of article 19 (when dissolved automatically under article 358) during emergency shall cease to have effect 6 months after dissolution of emergency. True or false?
No. Such a law will cease immediately on dissolution of proclamation of emergency
Any law made by the parliament/president on state subject during a national emergency will cease to have effect on dissolution of emergency. True or false?
False. It will cease at the end of 6 months
Any law made by president/parliament in exercise of power of legislature of state during a state emergency, the law ceases to have effect after end of 6 months of dissolution of state emergency. True or false?
False. It continues to have force until altered or repealed or amended by competent legislature
What is the effect of emergency on the life of LS and state assembly?
Extension beyond 5 years for 1 year at a time - but maximum till 6 months after end of emergency
What is status of legislative powers of state during state emergency?
The president assumed to himself all functions of state and governor OTHER THAN LEGISLATURE OF STATE
President declares that the legislative powers shall be exercised by or under the authority of parliament
Parliament can confer power to make laws on president or authorise the president to confer it on someone else
(Basically powers go to parliament, then parliament can delegate them to president, and preisdent can authorise someone else to do it)
