Emergency is a special feature of the Constitution of India that allows the central government to assume extraordinary powers, if there is a situation which warrants such action.
Emergency could be declared in following circumstances
– Due to war, external aggression or armed rebellion
– Failure of constitutional machinery in a state, or financial emergency.
44th amendment of the Constitution in 1978 substantially altered the emergency provisions of the constitution to ensure that it is not abused by the executive. It also restored certain changes that were done by 42nd amendment.
Some important points of thE 44th amendments
– An Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
– The proclamation would have to be approved by the two Houses of Parliament
– Any such proclamation would be in force only for a period of six months and can be continued only by further resolutions passed by the same majority.
– The proclamation would also cease to be in operation if a resolution disapproving the continuance of the proclamation is passed by Lok Sabha.
– 10 percent or more of the Members of Lok Sabha can requisition a special meeting for considering a resolution for disapproving the proclamation.
(Source: Ministry of Law website)
