Constitutional Backing

  • It is a President’s rule or a state emergency imposed in a state under Article 356 of constitution.

Why is it imposed?

  • When the state government is not able to maintain the functioning of the state as per constitutional provisions under Article 356.
  • Under Article 365 state emergency can be imposed if the state is not complying with the centre’s directions.

Who declares it?

  • The state of emergency is imposed by the President, which is later confirmed by the Parliament.

Till what time can it be invoked?

  • After parliamentary approval, every 6 months to a maximum of 3 years.
  • 44th constitutional amendment states that unless on verified reasons emergency cannot be extended beyond one year.

What happens when an emergency is declared?

  • The state legislature will be under the control of Parliament.
  • Functions of government and the governor will be assumed by the President.
  • The laws made during an emergency by the state legislature will remain valid unless revoked by the state legislature.
  • Fundamental rights of citizens are not affected, as seen in the National Emergency.

Note

  1. Do you know in which state the state emergency was declared for the first time?
  2. In which state was the state emergency declared the maximum number of times?

Source: The Hindu

 

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