{"id":113202,"date":"2021-06-17T15:44:33","date_gmt":"2021-06-17T10:14:33","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=113202"},"modified":"2021-06-17T16:06:44","modified_gmt":"2021-06-17T10:36:44","slug":"difference-between-national-emergency-and-presidents-rule","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/difference-between-national-emergency-and-presidents-rule\/","title":{"rendered":"Difference between National Emergency and President’s rule"},"content":{"rendered":"
Introduction<\/strong><\/h5>\n

Indian Constitution explicitly mentions Emergency provisions under Part XVIII from Article 352 till Article 360. These provisions allow the central government to meet any unforeseen and abnormal situation effectively. When the emergency is imposed all the powers go into the hands of the Centre. It converts the federal system of the Indian polity into a unitary one.<\/p>\n

What type of emergencies are mentioned in the Constitution?<\/strong><\/h5>\n

Three types of emergency have been mentioned in the Constitution of India. These are:<\/p>\n

    \n
  1. Article 352<\/strong>: Emergency due to war, external aggression or armed rebellion, termed popularly as National Emergency<\/li>\n
  2. Article 356<\/strong>: Emergency due to the failure of the constitutional machinery in the states. This is popularly known as President’s rule. It is also known as ‘State emergency’ and ‘Constitutional emergency’. Do remember that Constitution does not use the term ’emergency’ for this situation.<\/li>\n
  3. Article 360:<\/strong> Financial Emergency due to a threat to financial stability or credit of India<\/li>\n<\/ol>\n

    In this article, we shall discuss the difference between national emergency and President’s rule.<\/p>\n

    What is the difference between National emergency and President’s rule?<\/h5>\n\n\n\n\n\n\n\n\n\n\n\n
    \n
    National Emergency (Article 352)<\/strong><\/h5>\n<\/td>\n
    		\n
    President’s rule (Article 356)<\/strong><\/h5>\n<\/td>\n<\/tr>\n
    \n

    1. Grounds of proclamation<\/strong>: Proclaimed when the security of India or a part of it is threatened by<\/p>\n

      \n
    • War<\/li>\n
    • External aggression or<\/li>\n
    • Armed rebellion<\/li>\n<\/ul>\n<\/td>\n
    		1. Grounds of proclamation<\/strong>: Proclaimed on two grounds<\/p>\n
      \n
    • Article 356<\/strong>: President can issue a proclamation if he is satisfied that the govt in a state cannot be carried out in accordance with the Constitution. He can act with or without the governor’s report.<\/li>\n
    • Article 365<\/strong>: If a state fails to comply with or give effect to any direction from the Centre<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
    2. Type of majority<\/strong>: Every such resolution must be passed by both houses via a special majority<\/strong>.<\/td>\n2. Every such resolution must be passed by both houses via a simple majority<\/strong>.<\/td>\n<\/tr>\n
    3. Parliamentary approval:<\/strong> Proclamation imposing National Emergency must be approved by both houses of the Parliament within 1 month<\/strong> from the date of its issue.<\/p>\n

    Case 1<\/span>:<\/p>\n

    If a proclamation is issued when Lok Sabha (LS) is dissolved or dissolution of LS takes place during this period of 1 month without approving the proclamation:<\/p>\n

      \n
    • Proclamation will survive for 30 days<\/strong> from 1st sitting of LS after its reconstitution, but only if Rajya Sabha has already approved it.<\/li>\n<\/ul>\n

      Case 2<\/span>:<\/p>\n

      If both houses approve the proclamation within the period of 1 month then,<\/p>\n

        \n
      • The emergency continues for 6 months<\/strong><\/li>\n<\/ul>\n<\/td>\n
    		3. Parliamentary approval<\/strong>: Proclamation imposing President’s rule must be approved by both houses of the Parliament within 2 months<\/strong> from the date of its issue.<\/p>\n

    Case 1<\/span>:<\/p>\n

    If a proclamation is issued when Lok Sabha (LS) is dissolved or dissolution of LS takes place during this period of 2 months without approving the proclamation:<\/p>\n

      \n
    • The proclamation will survive for 30 days<\/strong> from 1st sitting of LS after its reconstitution, but only if Rajya Sabha has already approved it.<\/li>\n<\/ul>\n

      Case 2<\/span>:<\/p>\n

      If both houses approve the proclamation within the period of 2 months then,<\/p>\n

        \n
      • President’s rule continues for 6 months<\/strong><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
    4. Extension of National Emergency<\/strong>:<\/p>\n
      \n
    • Can be extended to an indefinite period<\/strong> with Parliamentary approval every 6 months<\/strong><\/li>\n<\/ul>\n

      Case<\/span>:<\/p>\n

      What if the dissolution of Lok Sabha (LS) takes place during this period of 6 months without approving the further continuation of a national emergency? In this case,<\/p>\n

        \n
      • The proclamation will survive for 30 days<\/strong> from 1st sitting of LS after its reconstitution, but only if Rajya Sabha has already approved its continuation.<\/li>\n<\/ul>\n<\/td>\n
    		4. Extension of President’s rule<\/strong>:<\/p>\n
      \n
    • Can be extended to a maximum period of 3 years<\/strong> with Parliamentary approval every 6 months<\/li>\n<\/ul>\n

      Case<\/span>:<\/p>\n

      What if the dissolution of Lok Sabha (LS) takes place during this period of 6 months without approving the further continuation of a national emergency? In this case,<\/p>\n

        \n
      • The proclamation will survive for 30 days<\/strong> from 1st sitting of LS after its reconstitution, but only if Rajya Sabha has already approved its continuation.<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
    5. Effect<\/strong>: Centre gets concurrent powers of administration and legislation in the state<\/td>\n5. Effect<\/strong>: State executive is dismissed and the state legislature is either suspended or dissolved. Parliament makes laws for the state. Executive & Legislative powers of the state are assumed by the Centre.<\/td>\n<\/tr>\n
    6. Relationship of the Centre with all the states goes a modification.<\/td>\n6. Under this, the relationship of only that state undergoes modification which is under President’s rule<\/td>\n<\/tr>\n
    7. It affects the Fundamental Rights of the citizens.<\/td>\n7. It has no effect on the Fundamental Rights of the citizens<\/td>\n<\/tr>\n
    8. Revocation:<\/strong><\/p>\n
      \n
    • The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority<\/strong> disapproving its continuation.<\/li>\n<\/ul>\n<\/td>\n
    		8. Revocation<\/strong>:<\/p>\n