Question
Download Solution PDFAccording to which of the following articles the President can declare emergency in a state?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFKey Points
- Article 356 of the Indian Constitution deals with the imposition of President's Rule in a state in case of failure of the constitutional machinery.
- It is also known as the President's Rule or State Emergency.
- This article empowers the President to assume to himself all or any of the functions of the State Government or to vest such functions in the Governor or any other executive authority.
- The President can declare emergency in a state on the report of the Governor of the state or if he is satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Additional Information
- Article 352
- This article deals with the declaration of National Emergency due to war, external aggression or armed rebellion.
- It allows the central government to assume wide powers to deal with the emergency.
- It can be declared by the President on the written advice of the Council of Ministers headed by the Prime Minister.
- Article 354
- This article provides for the application of provisions relating to the distribution of revenues while a Proclamation of Emergency is in operation.
- It allows the President to modify the financial arrangements between the central and state governments during an emergency.
- Article 358
- This article deals with the suspension of provisions of Article 19 during emergencies.
- It allows the State to make any law or take any executive action even if it violates the rights guaranteed under Article 19.
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