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Part XVIII is a compilation of provisions pertaining to the Constitution of India as a country and the union of states that it is made of. Five of the articles in this part of the constitution consists of emergency provisions. [1]
Part XVIII of the Indian constitution envisages the following three emergencies:
This article as enacted by the Constituent Assembly of India provides the president with powers to declare a state of emergency in the nation if he/she is satisfied that the stability and integrity of India is threatened by either external aggression or armed rebellion. This power can only be exercised on the advice of the prime minister and his council of ministers. [2]
This article allows the central government to override the seventh schedule of the constitution (dealing with the differentiation of subjects between the central and state government). It also allows the president to prolong the life of the Lok Sabha one year at time. [3]
Article 354 empowers the central government to make funding allocations within the centre-state financial arrangements besides those stated in Article 268–279. [3]
Article 355 places duties on the central government to protect states against "external aggression and internal disturbances" and to ensure that the governance of all states is in accordance with the constitution. [3] [4] This article is often used in conjunction with Article 356 to declare President's Rule in a state. The Supreme Court of India has opined that the Article does not provide any independent source of power other than those provided in Articles 356 and 357. [4]
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. [5]
Provisions for State Governance and State funding by the President or Parliament and making laws to be enforced during the state of Emergency. [5]
Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6 January 1990)
On Provisions as to financial emergency.
The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
The Constitution of India is the supreme legal document of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world.
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The president of the Dominican Republic is both the head of state and head of government of the Dominican Republic. The presidential system was established in 1844, following the proclamation of the republic during the Dominican War of Independence. The president of the Dominican Republic is styled Your Excellency, Mr. President during his time in office. His official residence is the National Palace.
Part XVIII of the Constitution of India allows for a constitutional setup that can be proclaimed by the President of India as a state of emergency, when the consultant group perceives and warns against grave threats to the nation from internal and external sources or from financial situations of crisis. Under Article 352 of the Indian constitution, upon the advice of the cabinet of ministers, the President can overrule many provisions of the constitution, which can suspend fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the federation. In the history of independent India, such a state of emergency has been declared thrice.
In India, President's rule is the suspension of state government and imposition of direct Union government rule in a state. Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants not native to the state.
Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.
In India, a governor is the constitutional head of a state of India that has similar powers and functions at the state level as those of the president of India at the central level. A governor acts as the constitutional head and takes all their decisions based on the advice of chief minister and their council of ministers.
The 42nd amendment, officially known as The Constitution Act, 1976, was enacted during the Emergency by the Indian National Congress government headed by Indira Gandhi.
The Preamble to the Constitution of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as the Republic Day of India, and was initially drafted by Jawaharlal Nehru. The words "socialist", "secular" and "integrity" were later added during the Indian emergency by Indira Gandhi.
S. R. Bommai v. Union of India is a landmark decision of the Supreme Court of India, where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations. The judgement attempted to curb blatant misuse of Article 356 of the Constitution of India, which allowed President's rule to be imposed over state governments. S. R. Bommai, former Chief Minister of Karnataka, is widely remembered as the champion for this landmark judgment of the Supreme Court of India, considered one of the most quoted verdicts in the country's political history.
The Constitution of India establishes the structure of the Indian government, including the relationship between the federal government and state governments. Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the union government and the States of India. The legislative powers are categorised under a Union List, a State List and a Concurrent List, representing, respectively, the powers conferred upon the Union government, those conferred upon the State governments and powers shared among them.
The Constitution of Jammu and Kashmir was the legal Constitution which established the framework for the state government of the Indian state of Jammu and Kashmir. The constitution was adopted on 17 November 1956, and came into effect on 26 January 1957. 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. It also included Ladakh.
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".
Part I—The Union and Its territories is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of.
The Republic of Honduras is organized according to Title I: On the State of the Honduran Constitution of 1982. According to Title V: Branches of the Government, the three administrative branches are the legislative, executive and judicial. The legislative branch is the National Congress, which is elected by direct vote. Executive power is held by the president of Honduras or, in their absence, by one of the three vice-presidents. The judicial branch is composed of a supreme court, a court of appeals and other courts specified by the law.
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Martial law in Russia is defined in Russian law as a special legal regime that is introduced in conditions of external aggression or a threat of such. In this way, it differs from the state of emergency, which is introduced in the event of an internal threat such as an attempted coup, unrest or disaster. Martial law should also be distinguished from the State of War- a term that refers to the period between the outbreak of hostilities and their end. The procedure for introducing and abolishing martial law in Russia is defined in the federal constitutional law “On Martial Law” (2002). In modern Russia, martial law was introduced on 19 October 2022 during the 2022 Russian invasion of Ukraine in the annexed regions of Ukraine, which by then were unilaterally declared by the whole state apparatus to be new federal subjects of Russia.
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