So after the amendment a proclamation of emergency may be issued on any of the following grounds: So to exclude the proclamation of emergency on the grounds of internal disturbance of any nature the44 th Amendment has substituted the expression “Internal Disturbance” by the expression “Armed Rebellion”. Internal disturbance cover a minor disturbance of law and order. The security might be threatened on the following grounds: What are the Grounds for a Proclamation Declaring Emergency?īefore the amendment, Article 35(1) provides that the President could make Proclamation declaring Emergency on the grounds of threat to the security of India. In order to minimize the abuse of powers of declaring emergency Article 352 was amended by the Constitution (44 th Amendment) Act, 1978 which provided that “It is the President who can make a proclamation declaring emergency, only when he receives in writing the decision of the Union Cabinet to this effect.” This provision was found to be power misused by the Prime Minister in 1975 when President was advised to proclaim emergency on the grounds of internal disturbances. However, India is having parliamentary system the President could proclaim emergency only when advised by the Council of Ministers through the Prime Minister. In this Article 352 defines National emergency that is “Emergency arising from a threat to the security of India.” Clause 1 of article 352 speaks about the expression “Proclamation of Emergency” or the term “Emergency”. Part XVIII of the constitution titled as “Emergency Provisions”. Thus, this article deals with the situation of emergency, its meaning, who can proclaim emergency and many more things. While our country has adopted federal system of government as powers have been divided between center and the state but in the state of emergency India adopt Unitary form of government that is all powers of the government are with the Central Government. These provisions are necessary so that our country India can fight with all these circumstances and can properly handle these grievous situations. Makers of the constitution concerned about these situations adopted many provisions related to emergency in the country. In the situation of emergency, the executive authorities take control over all the powers from decision making to implementing those decisions so that speedy remedies are provided for the situation which has arisen. Emergency is a situation in the country which is due to the failure of the government system that calls for an immediate and strict action to be taken by the government officials so that the appropriate steps can be taken timely to tackle the situation of the country.
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