Question

The newspaper clipping announces the declaration of a national emergency. What happens when such an emergency is declared?

Answer 1

When a National Emergency is declared in India under Article 352 of the Constitution, the fundamental federal structure of the political system undergoes major changes:

• Centralisation of Power: The federal character of the nation shifts completely into a unitary system, allowing the Central Government to issue binding executive directives to any State government on any matter.
• Legislative Supremacy: The Parliament gains the supreme power to make laws on subjects listed in the State List, while the President gains the authority to issue ordinances on State subjects if Parliament is not in session.
• Suspension of Fundamental Rights: Most fundamental rights can be suspended by a presidential order under Article 359, restricting standard civil liberties and legal remedies, though Articles 20 and 21 (Right to Protection of Life and Personal Liberty) cannot be suspended.
• Financial and Tenure Changes: The President can alter the constitutional distribution of revenue between the Centre and the States, and the normal five-year term of the Lok Sabha can be extended by Parliament for up to one year at a time.