Question

Write a note on the emergency powers of the Indian president.

Answer 1

The indian constitution grants the President special powers during emergencies to safeguard the sovereignty and stability of the nation. These are exercised on the advice of the Union Cabinet and are of three types:

1. National emergency (Article 352):

• Declared when there is a threat to the security of India due to war, external aggression, or armed rebellion.
• The President can suspend fundamental rights (except Articles 20 and 21) and extend the tenure of the Lok Sabha.
• The Centre gets overriding powers over State governments.

2. President’s rule (Article 356):

• The President assumes the powers of the State government and legislature.
• This is also known as a State Emergency.
• Imposed when the State government cannot function according to the provisions of the Constitution.

3. Financial Emergency (Article 360):

• Declared when the financial stability or credit of India is threatened.
• The President can reduce the salaries of government employees and direct States to reserve funds.
• No such emergency has been declared in India so far.