Page 44 - Banking Finance May 2020

ARTICLE

contained that the President shall declare no 5. The Fundamental Rights under Article 19 are
proclamation unless the same has been communicated automatically suspended and this suspension continues
to him in writing by the Union Cabinet. till the end of the emergency.
3. 352(4): Every proclamation before being passed is
But according to the 44th Amendment, Freedoms listed in
presented before each house of Parliament, namely the
Article 19 can be suspended only in case of proclamation on
Lok Sabha and Rajya Sabha and needs the assent of
the ground of war or external aggression. From the above
both the houses. If within the period of 1 month the discussion, it becomes quite clear that emergency not only
proclamation is not assented to, then it ceases to
suspends the autonomy of the States but also converts the
operate. The time period was decreased as an effect of
federal structure of India into a unitary one. Still it is
the 44th amendment
considered necessary as it equips the Union Government
with vast powers to cope up with the abnormal situations.
Effects of national emergency
The declaration of National Emergency effects both on the What is Article 356 (President Rule)?
rights of individuals and the autonomy of the states in the (1) If the President, on receipt of a report from the
following manner: Governor of a State or otherwise, is satisfied that a
1. The most significant effect is that the federal form of situation has arisen in which the Government of the
the Constitution changes into unitary. The authority of State cannot be carried on in accordance with the
the Centre increases and the Parliament assumes the provisions of this Constitution, the President may by
power to make laws for the entire country or any part Proclamation-
thereof, even in respect of subjects mentioned in the
(a) assume to himself all or any of the functions of the
State List.
Government of the State and all or any of the
2. The President of India can issue directions to the states powers vested in or exercisable by the Governor or
as to the manner in which the executive power of the any body or authority in the State other than the
states is to be exercised. Legislature of the State;

(b) declare that the powers of the Legislature of the
3. During the emergency period, the Lok Sabha can extend State shall be exercisable by or under the authority
tenure by a period of 1 year at a time. But the same of Parliament;
cannot be extended beyond 6 months after the (c) make such incidental and consequential provisions
proclamation ceases to operate. The tenure of State as appear to the President to be necessary or
Assemblies can also be extended in the same manner. desirable for giving effect to the objects of the
4. During emergency, the President is empowered to Proclamation, including provisions for suspending in
modify the provisions regarding distribution of revenues whole or in part the operation of any provisions of
between the Union and the States. this Constitution relating to any body or authority
in the State: Provided that nothing in this clause
shall authorize the President to assume to himself
any of the powers vested in or exercisable by a High
Court, or to suspending whole or in part the
operation of any provision of this Constitution
relating to High Courts. Duty of the Union to
protect States against external aggression and
internal disturbance. Provisions in case of failure of
constitutional machinery in States.
(2) Any such Proclamation may be revoked or varied by a
subsequent Proclamation.

44 | 2020 | MAY | BANKING FINANCE