If the President is satisfied on receipt of a report from the Governor or otherwise that a situation has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution, he is empowered to proclaim an Emergency.
As a result, (i) he may assume to himself all or any of the functions of the State or he may vest all or any of those functions in the Governor or any other executive authority; (ii) he may declare that the powers of the State Legislature shall be exercisable by Parliament; and (iii) he may make any other incidental or consequential provisions necessary to give effect to the object of the Proclamation. The President, however, cannot assume to himself any of the powers vested in a High Court.
The Proclamation will have to be approved by the Houses of Parliament in the same manner in which a War-Emergency Proclamation has to be approved. But even if Parliament has approved the Proclamation, it will normally cease to operate six months after the Parliamentary approval.
The Proclamation can be repeated if necessary so as to allow the period of Emergency to continue for a maximum of one year. Every such resolution approving the Emergency has to be passed by each House of Parliament by a majority of the total membership of the House and by a majority of not less than two-third of the members of that House present and voting.
ADVERTISEMENTS:
If the Emergency Proclamation authorises Parliament to exercise the powers of the State Legislature, it is open to Parliament to adopt one or the other of two alternative courses. It may pass all legislative enactments for the State including financial legislation.
But if Parliament does not find it convenient to do all this additional work, it may confer on the President the power of the State Legislature to make laws, or authorise the President to delegate this power to any suitable authority.
Parliament is also empowered to authorise the President to sanction expenditure from the Consolidated Fund of the State, if the House of the People is not in session pending approval of such expenditure by Parliament.
It is also provided that any law made by any of the authorities mentioned above will continue in force until repealed or altered by a competent legislative or other authority.
ADVERTISEMENTS:
Suspension of Fundamental Rights (Art. 358 and 359)
During the period of Emergency as declared under either of the two catagorises discussed above, the State is empowered to suspend the Fundamental Rights guaranteed under Article 19 of the Constitution. The term “State” is used here in the same sense in which it has been used in the chapter on Fundamental Rights.
It means that the power to suspend the operation of these Fundamental Rights is vested not only in Parliament but also in the Union Executive and even in a subordinate authority.
Further, the Constitution empowers the President to suspend the right to move any court of law for the enforcement of any of the Fundamental Rights.
ADVERTISEMENTS:
It means that virtually the whole chapter on Fundamental Rights can be suspended during the operation of the Emergency. However, such orders are to be placed before Parliament as soon as possible for its approval.