Role of the President of India During Emergency – Explained!

1. Under Article 352, National Emergency:

It provides that “The President may proclaim national emergency if he is of the opinion that there exists a grave threat to the security of India or any part thereof; whether by war, external aggression or armed rebellion.”

Emergency can be declared even in view of imminent threat. It can be imposed only on a written advice from the Cabinet (44^th Amendment).

Every such proclamation ceases to exist at the expiration of one month of proclamation unless approved by resolution of both the houses of Parliament. The validity period is six month but can be increased by resolution of Parliament (six months at a time).

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The resolution approving proclamation was to be passed by majority of total membership of the House and not less than two-thirds of members present and voting separately in each House.

The President can modify or revoke the emergency by a separate proclamation. It can be withdrawn if Lok Sabha desires.

For this a special session of Lok Sabha may be called by the President (if the Lok Sabha is not in Session) or the Speaker if a notice addressed by 1/10th of membership of the House is given to them. A special session must be held within 14 days of receiving of such a notice.

Effects:

i. Centre can give directions to states

ii. Parliament can legislate on State list

iii. Distribution of power is suspended

iv. Term of Lok Sabha may be extended by law of Parliament for a period not exceeding one year at a time.

v. Fundamental freedoms under Article 19 will be suspended automatically (except when the ground is ‘armed rebellion’). Other Fundamental rights except Articles 20 and 21 can be suspended by the President.

Uses:

Firstly – 1962-1968

Secondly – 1971-1977

Thirdly – 1975-1977 (internal disturbance)

2. Article 356 – President’s Rule in State:

“If the President is of the opinion (on the basis of report of Governor or otherwise) that the Constitutional machinery of the State cannot be carried on in accordance with the provisions of the Constitution he can declare President’s rule.

In such cases, the President may

i. Dissolve the State Legislature

ii. Suspend the legislature

iii. Entrust the Parliament to exercise the power of state legislature.

iv. Assume all or any function of the state or direct the Governor to exercise the executive functions.

Any such proclamation ceases to operate after two months unless approved by both the Houses of Parliament by simple majority. It will remain in operation for a period of six months from the last day on which houses pass the resolution approving the same.

Such proclamation can be approved for six more months. The maximum duration is three years, but must satisfy two conditions.

(a) A proclamation of emergency is in operation.

(b) Election Commission certifies that such resolution is necessary to hold elections under existing conditions.

Effects:

i. State Government is dismissed

ii. Executive power exercised by Governor

iii. Legislature is suspended or dissolved

In S.R. Bommai Case (1994) SC held that court can enquire into the manner in which President formed his opinion. It may direct reinstallation of the Government.

Uses:

Firstly in Punjab and since then used many a time.

3. Article 360 – Financial Emergency:

‘If the President is satisfied that a situation has arisen whereby financial stability or credit of India or any part thereof, is threatened’ he may proclaim financial emergency.

Such proclamation shall cease to be in operation after 2 months unless approved by the Parliament. Once approved, it shall remain in operation unless revoked by the President.

Effects:

i. Centre can give directions to state to observe such canons of financial propriety as may be specified in the directions of the President.

ii. Salaries and allowances of the constitutional functionaries and civil servants may be reduced.

iii. Governor may reserve all money and financial bill passed by the state legislature for consideration of the President.

iv. Distribution of financial resources between centre and state may be suspended.

4. Presidential Veto:

It is a device available with the President to check hasty and ill-considered legislation by the Parliament. Veto has been classified in three categories on the basis of its impact, viz, Absolute Veto, Suspensive Veto and Pocket Veto.

If the President refuses to sign the bill passed by the Parliament and stops the passage of law, it is known as absolute veto.

Actually the President of India can use absolute veto in two cases (i) on private members bill; and (ii) if the Council of Ministers tenders resignation after the bill has been passed by the Parliament and before the President gives his assent. In this case the new Cabinet usually advises the President to reject the bill.

Suspensive veto implies the after the bill is passed by the Parliament it is sent the President for his assent. The President can refer back the bill to Parliament for reconsideration.

If the Parliament reposes the bill, the President has to give his assent. As this type of veto has the impact of suspending the enactment of the law. It is known as suspense veto.

In pocket Veto the President instead of giving assent to the bill or sending it back to the Parliament for reconsideration, takes no action on the bill. After the lapse of the stipulated period the bill automatically lapses. In short the President can kill a bill by simply pocketing it”.

Uses:

Not used so far.

Criticism:

Emergency Powers

1. Destroys federal scheme

2. Inhibits Authoritarian tendencies

3. Erodes Autonomy of State

4. Endangers Fundamental Rights