Democratic Politics (NTSE/Olympiad)
2. Working Of Institutions
Emergency Powers of the President
Emergency Powers of the President :
Of all the powers vested in the President of India, the Emergency Powers are the most important. The President of India has three types of Emergency Powers which has a direct bearing on that State.
1. Emergency caused by War, Foreign Aggression or/and Internal Disturbances and its effects on that state. If the president declares a state of emergency then the Parliament can enact laws for the whole country. The Fundamental Rights of Citizens stand suspended and the administration takes a Unitary Form of Government.
2. Emergency caused by the Constitutional Breakdown and its Effects on the State. If the Governor of a State reports to the President that continuation of a Government according to the provisions of the Constitution is not possible, the President can declare emergency in that state. In such a situation, the Council of Minister and the legislature are dissolved and the administration is carried on by the Governor as per directive of the President.
3. Financial Emergency and its Effects on the state. If here is an imminent danger to the financial stability of the country, the President can proclaim Financial Emergency. Consequent to this proclamation the president can reduce the pay and allowances of the government servants. He can also exercise control over the finances of the States.
Position of the President :
From the above discussion, it becomes quite clear that the President holds an office of great prestige, but if we go a little deep we see that he enjoys very little power. The president cannot declare emergency all by himself. It is on the advice of the Prime Minister that the President cannot declare emergency all be himself. It is on the advice of the Prime Minister that the President can declare a state of emergency. A written request is sent by the Council of Ministers headed by the Prime Minister to the President and only then he can declare a state of emergency. Moreover, such a declaration must be approved by the parliament within one month.
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