Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by “war or external aggression or armed rebellion”.
What is Article 360 emergency India?
360. (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
What is Article 356 of the Constitution?
Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.
What is the Article 360?
Grounds of declaration: Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
Which amendment to the Indian Constitution empowers the President to declare a state of national emergency in any part of India?
This article allows the President, on receipt of a report from the Governor of a State or otherwise, to declare a state of Emergency if he/she is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution.
In which state Article 360 is not applicable?
It was rendered infructuous on 5 August 2019 by an order signed by the president of India and ceased to be applicable on that date. The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution.
What is the Article 361?
Article 361 is an exception to Article 14 (Right to Equality) of the Indian Constitution. The features are as follows: 1. The President or the Governor is not answerable to any court for the exercise of the powers and duties of his office.
What is the Article 256?
Article 256, states that ‘Every State shall utilize its executive powers in conformity with the laws made by the Parliament and with all the pre-existing laws prevailing in the State, and it further mentions that, the Union may exercise its executive power to give directions to the State as and when the Government of …
What is the Article 359?
Article 359 empowers the president to suspend the right to enforce fundamental rights guaranteed by Part-Ill of the constitution. … An order suspending the enforcement of fundamental rights may extend to the whole or any part of the territory of India.
When did Article 370 passed?
On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir. The order was based on the resolution passed in both houses of India’s parliament with two-thirds majority.
Can Article 370 be removed?
As stated earlier, the entirety of article 370 can be repealed under article 370(3), but this requires a recommendation from the Constituent Assembly of Jammu and Kashmir. However, the Constituent Assembly was dissolved on January 25, 1957, without recommending the abrogation of the article.
What is the Article 364?
Article 364 of the Constitution empowers the President issue a public notice specifying, “Any law made by Parliament or by the state legislature of a state shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification.”
What is the Article 280?
The Finance Commission is constituted by the President under article 280 of the Constitution, mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States themselves.