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constitutional_law:state_emergency

State emergency

State emergency, also known as President’s rule, is declared due to breakdown of Constitutional machinery in a state.

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he/she can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of two months.

Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a Constitutional amendment, as has happened in Punjab and Jammu and Kashmir.

During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.

A State Emergency can be imposed via the following:

  1. By Article 356 - If that state failed to run constitutionally i.e. constitutional machinery has failed
  2. By Article 365 - If that state is not working according to the given direction of the Union Government.

This type of emergency needs the approval of the parliament within 2 months. This type of emergency can last up to a maximum of three years via extensions after each 6 month period. However, after one year it can be extended only if

  1. A state of National Emergency has been declared in the country or in the particular state.
  2. The Election Commission finds it difficult to organise an election in that state.

On 19 January 2009, President’s rule was imposed on the Indian State of Jharkhand, making it the latest state where this kind of emergency has been imposed.

Created on 2020/10/19 23:13 by • Last modified on 2020/12/11 09:15 by LawPage