Describe the emergency powers of the President of India.

Or

Can the President use his discretionary powers in emergency?

Besides the powers in normal times, the President of India has some special emergency powers.

The President can use the emergency powers even when there is the likelihood of an Emergency. The Constitution refers to the three kinds of emergency given below:

I. Emergency arising out of external aggression or internal disturbance or armed rebellion or its possibility. (Article 352): According to Article 352 if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or internal disturbance, he may proclaim a state of Emergency. If the proclamation has not been approved within two months by both the Houses of Parliament, it will become ineffective. But by the 44th Amendment this period of two months has been reduced to one month and that such resolution should be by a majority of the total membership of each House and not less than two-third of the majority of the members present and voting.

After the approval of the Parliament emergency continues till the President revokes it by a subsequent proclamation. But it is provided in the 44th Amendment that for the continuance of the emergency the approval by resolution of both the Houses would be rquired every six months.

Effects of this Proclamation:

1. The most significant effect of this proclamation is that the federal form of the Constitution is converted into a unitary form of Government. The authority of Centre is increased till the emergency lasts. But Centre gets the authority to give directions to the states as to the manner in which the executive power of the states is to be exercised. The legislative power of the Centre is also widened.

2. Parliament will have the power to make laws for the whole or any part of India with respect to any of the matters given in the State List.

3. The President, may by an order, modify the provisions relating to the distribution of revenues between the Union and the States.

4. Fundamental Rights given under Article 19 (Six freedoms) are automatically suspended throughout the country. The suspension of Article 19 continues until the Proclamation of Emergency ends.

II. Emergency arising out of the failure of Constitutional machinery in a State. (Article 356).

According to the Constitution it is the Constitutional duty of the Centre to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution. If the President, either on the 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 provision of the Constitution, the President can issue a proclamation of emergency in that state.

Effects of the Proclamation:

1. The President can assume to himself all or any of the functions of the State or he may vest all or any of those functions of the Governor or any other executive authority.

2. The President can suspend or dissolve the State Legislative Assembly of the state. He may declare the powers of the State Legislative shall be exercisable by or under the authority of Parliament.

3. The President can make any other incidental or consequential provisions necessary to give effect to the objectives of the proclamation.

III. Emergency due to Financial Crisis (Article 360):

If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Article 360 of the Constitution. Such a proclamation may be revoked by a subsequent proclamation. The proclamation has to be laid before each House of Parliament. It ceases to operate at the expiration of two months unless it is approved further by a resolution of both the Houses of Parliament. The proclamation in this case also should be approved by Parliament as in other cases of emergency.

Effects of this Proclamation:

1. During the Financial Emergency, the executive authority of the Union shall extend to the giving of directions to any state to observe such cannons of financial propriety as may be specified in the direction or any other direction which the President may deem necessary for the purpose.

2. The President can ask a state to reduce salaries and allowances of all or any class of public servants connected with the affairs of a state.

These powers are used by the President with the advice of the Prime Minister and the Council of Ministers. He acts as a constitutional head. But in special circumstances he can act with his own discretion.

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