Introduction 

Article 356 provided that if the President, on receipt of a report from the Governor of a State or otherwise is satisfied that a situation has arisen in which the Government of the State cannot be carried on under the provisions of the constitution, he may issue a proclamation.

During the emergency, the President administers the state through the governor and the Parliament makes laws for the state. In summary, the executive and legislative powers of the state are appropriated by the Centre. Under this, the relationship of only the state under emergency with the Centre changes.

The Parliament can delegate the power to make laws for the state to the President or any other authority specified by him. It produces no effect on Fundamental Rights (FR) of the citizens.

Effects of State Emergency

  1. The President may consider to himself all or any of the powers vested in or exercisable by the Governor to anybody or authority in the State.
  2. The President may hold that the powers of the Legislature of the State shall be used by or under the authority of Parliament.
  3. The President may make such related and consequential requirements as may seem to him to be important or beneficial for giving effect to the objective of Proclamation.

The President cannot, however, assume to himself, any of the powers vested in the High Court or suspend the operation of any provisions of the constitution relating to the High Court.

Approval and Duration

  • A proclamation shall be laid before each House of Parliament and shall remain in operation for two months unless before the expiry of that period it has been approved by both the Houses of Parliament.
  • When parliament permits than the emergency time will be extended to 6 months and if parliament does not allow this, then the emergency will over within 2 months and the maximum period that it remains in force is 3 years.
  • Consequently, it must come to an end and the normal constitutional machinery must be restored in the state.
  • Every decision of Parliament passing its proclamation or its continuation can be passed simply by a simple majority.

The Proclamation issued under Article 356(1) may be revoked or varied by the President by a subsequent Proclamation.

-Mohit Goyal
Associate at Law Offices of Kr. Vivek Tanwar Advocate & Associates

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.