EMERGENCY & PRESIDENT'S RULE
Q1. Under which Article of the Constitution emergency is imposed in our country?
Article 352.
Q2. What are the causes/occasions on which emergency can be declared?
- Wars, External aggression or armed rebellion within the country.
- Failure of Constitutional machinery.
- Financial instability.
Q3. How many times emergency has been declared in our country and what are those occasions?
Three times.
1.1962 - 26TH October to 10th January 1968: Due to Chinese aggression. (Jawaharlal Nehru);
2. 1971 - 3rd December 1971 to 21st March 1977 : Bangladesh war. (Smt.Indira Gandhi) . Originally intended for the Bangladesh War, but continued beyond, only to be clubbed with the political emergency of 1975-1977.
3. 1975--1977 - 25th June 1975 to 21st March 1977 : Political crisis (Smt.Indira Gandhi).
Q4. The 1977 emergency was the most talking point and a political set back for Smt. Indira Gandhi and the INC. How long it lasted and what is the timeline of its promulgation and withdrawal?
1. 25 June 1975: Emergency is declared, censorship is imposed and opposition leaders are arrested.
2. 5 August 1975: The Maintenance of Internal Security Act bill is approved by the parliament.
3. 26 September 1975: The Thirty-ninth Amendment, placing election of Prime Minister beyond the scrutiny of judiciary, is approved .
4. 9 January 1976: The government suspends seven freedoms guaranteed by Article 19 of the Constitution of India.
5. 4 February 1976: The Lok Sabha's life is extended by one year.
6. 2 November 1976: The Lok Sabha passes the Forty-second Amendment, making India a socialist secular republic and laying down the fundamental duties of its citizens.
7. 18 January 1977: The President dissolves the Lok Sabha.
8. 21 March 1977: The emergency promulgated on 25 June 1975 is withdrawn.
Q5. Who was the President and PM to impose the emergency during 1975-1977?
Fakruddin Ali Ahmed as President and Smt. Indira Gandhi as PM.
Q6. How did Vinobha Bhave describe the 1975-77 emergency?
"Anushasan Parva"
Q7. What are the effects of declaration of Emergency?
1.Automatically suspends the Fundamental Rights guaranteed under Article 19 of the Constitution. But the citizens' right to move the court enforce Fundamental Rights can be suspended only by a separate proclamation. 2. The parliament acquires the power to legislate on any matters enumerated in the State List during the period of operation of such emergency.
Q8. Does the declaration of Emergency requires to be placed before the Parliament?
Yes, it is necessary to place the President's proclamation of emergency before the Parliament within 2 months for approval.
Q9. What is President's Rule?
Normally, the states are administered with elected legislatures. Situations, either politically or constitutionally, may arise to dissolve such administrations to enable the imposition of President's Rule directly to restore normalcy. This is done invoking the provisions of Art. 356 of the Constitution and once imposed, the state/s concerned will be administered by the Governors with the assistance of appointed Advisors till such time regular alternative constitutional arrangements are made and normalcy restored.
Q10. Does the imposition of President's Rule require Parliament's approval and what is the important condition attached?
Yes, it requires the approval of the Parliament within two months of the imposition of the President's Rule. The important condition is that even after the approval of the Parliament it cannot remain in force for more than one year.
Q11. In independent India, when and where for the first time, President's rule was imposed?
Punjab from 20.6.1951 to 17.4.1952.
Q12. Which Southern State was the first (second over all) to be invoked with President's Rule?
Kerala 31.7.1959.
Q13. Which state of India underwent the longest tenure of President's Rule?
Punjab - 11.5.1987 to 25.2.1992.
Q14. Which state had the shortest tenure of President's Rule?
Karnataka - 10.10.1990 to 17.10.1990.
Q15. Which are the states to undergo the maximum number of occasions of President's rule?
Kerala and Punjab - 9 times each so far.
Q16. Which are the states to undergo President's Rule only once so far?
Maharashtra, Meghalaya, Arunachal Pradesh - only once in each state.
Q17. List the States and the number of times the President's Rule was imposed?
Kerala & Punjab - 9 Times;
Uttar Pradesh - 8 times;
Bihar & Manipur - 7 times;
Puducherry (UT) - 6 times;
Gujarat, Karnataka - 5 times;
Assam, Goa, Rajasthan, Tamilnadu, West Bengal - 4 times;
Haryana, J&K., Madhya Pradesh - 3 times;
Andhra Pradesh, Himachal Pradesh, Mizoram, Sikkim, Tripura - 2 times.
Q18. Which legal battle brought a stop to the political misuse of Article 356 in imposing President's Rule?
S.R. Bommai Vs. Union of India.
Q19. Which Commission made an enforcing comments on the use of Article 356 and imposition of President's Rule?
Sarkaria Commission - it observed and recommended as - "to be used very sparingly, in extreme cases, as a means of last resort, when all other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state".
