Effects of Proclamation of Emergency under Article 356 ( Constitutional Law)

     Proclamation of Emergency is a very Serious matter. It is the provision which every Constitution provides for measure to deal with the Extra-ordinary Situations such as External aggression, threat to security and failure of Constitutional Machinery in the State, Financial Crisis etc.  Proclamation of Emergency disturbs the normal function and working of the Constitution and it affects the rights of the people.

Types of Emergency - 

There are three types of Emergencies

1) Emergency arising from a threat to Security of India or any part of its Territory

2) Failure of Constitutional Machinery ( State Emergency

3) Financial Emergency

Effects of Proclamation under Article 356 - 

      If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation -


        (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

       (b) The President may declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

       (c) The President may make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of 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 suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.


       (d) Article 357 (I) of the Indian Constitution provides that where the President has declared under Article 356 (i) (b) that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament then Parliament may -

  (a) confer on the parliament the power of the Legislative of the State to make Laws, and

  (b) Authorise the President to delegate the power conferred on him by the Parliament, on any other authority to be specified by the President in that behalf. This Delegation shall be subject to such conditions as the President may think fit to impose, or the president or may, or other authority in whom power to make laws is vested (by virtue of Article 356(I) and 357 may make laws

- For Conferring powers and imposing duties upon the union or officers and authorities thereof.

The President may, when the House of People is not in session, authorize expenditures from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.

See also...

1) Modes of Acquiring Citizenship under the Citizenship Act, 1955

2) Origin and Development of contempt law in India

3) The Constitution of India and High Courts

4) National Emergency (Article 352)

5) Powers of the Governor