Question: On Which Basis Article 360 Emergency Can Be Imposed?

What is Article 360 emergency India?

360.

(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect..

What is emergency power of president?

Under article 360 of the constitution, the president can proclaim a financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened.

Who can impose emergency in India?

The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by “war or external aggression or armed rebellion”.

What were the institutional changes that came up after the emergency?

Changes after emergency The ruling Congress lost control of India for the first time in independent India in the Indian general election, 1977. Congress lost its power and became weak. The party lost around 200 seats. Four major opposition parties were unified into the Janata Party by Jayaprakash Narayan.

Can Article 32 be suspended?

These Fundamental Rights can be suspended during emergency by the President of India under Article 359. The Fundamental Rights are justiciable. Under Article 32 of the Constitution, a person can go to the Supreme Court for the enforcement of these rights.

What is the 360 article?

Article 360 gives authority to the President of India to declare a financial emergency. But keep in mind that the 44th Constitutional Amendment Act of 1978 says that the President’s ‘satisfaction’ is not beyond judicial review. It means the Supreme Court can review the declaration of Financial Emergency.

What does Article 365 of the Constitution say?

1.6 Article 365 which occurs in Part XIX – Miscellaneous – provides that “where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a …

What is an emergency in India?

In India, “The Emergency” refers to a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. … The order bestowed upon the Prime Minister the authority to rule by decree, allowing elections to be canceled and civil liberties to be suspended.

Can Article 370 be removed?

However, the most important part of article 370 for purposes of recent developments is article 370(3), which gives the president of India the power to amend or repeal article 370 itself through a public notification (declaring that this article “shall cease to be operative or shall be operative only with such …

What is Article 355?

Duty of the Union to protect States against external aggression and internal disturbance It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

What happens if emergency is declared in India?

During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.

What was the impact of the emergency on newspapers and magazines?

Most of the mainstream media newspapers and magazines were under the wrath of Emergency. The scissors of censors cut through big publishers like Himmat, Janata, Frontier, Sadhana, Swarajya among many others. Some were threatened to be thrown out of publications and others were put in jail.

How many national emergencies have been declared?

From the enactment of the National Emergencies Act in 1976 until April 2021, 70 emergencies have been declared; 37 have expired and another 33 are currently in effect, each having been renewed annually by the president.

Is Article 21 suspended during emergency?

Several salutary changes were made in the emergency provisions, the most significant of which was the amendment made to Article 359 to the effect that fundamental rights guaranteed by Articles 20 and 21 of the Constitution could not be suspended during emergency by a Presidential Order under Article 359.

Why is Article 20 and 21 not suspended during emergency?

Article 21 of Indian Constitution cannot be suspended during emergency because it states that no person shall be deprived of his life or personal liberty except according to procedure state by law. Under Menka Gandhi (1978) casethe supreme court held that the procedure must not be arbitrary, unfair or unreasonable.

Which article Cannot be suspended during emergency?

“Rights under articles 20 and 21” cannot be suspended by any order under article 359. Article 20 states that no person shall be convicted for any offence except the violation of law in force. No person shall be punished for the same offence more than once.

How many times President rule was imposed in India?

Indira Gandhi’s government between 1966 and 1977 is known to have imposed President’s rule 39 times in different states. Similarly, the Janata Party which came to power after the emergency issued President’s rule in 9 states which were ruled by Congress.

What is Article 361 A?

(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: Provided that the conduct of the …