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
- Do you know in which state the state emergency was declared for the first time?
- In which state was the state emergency declared the maximum number of times?
Source: The Hindu