What is the article of 356?
Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.
Can Article 356 be challenged court?
And therefore the validity of the Proclamation issued under Article 356(1) can be challenged even after it has been approved by both Houses of Parliament under Article 356(3).
How many type of emergency in India?
three types
There is a provision of three types of emergency in India: National Emergency, President’s Rule and Financial Emergency.
When can the President declare national emergency?
declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.]
Who can suspend president of India?
The president may also be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India. The process may start in either of the two houses of the parliament. The house initiates the process by levelling the charges against the president.
How many times India declared emergency?
In the history of independent India, such a state of emergency has been declared three times. The first instance was between 26 October 1962 to 10 January 1968 during the India-China war, when “the security of India” was declared as being “threatened by external aggression”.
How many times state emergency declared in India?
Who declare national emergency in India?
The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the president of India, and thereafter ratified by the cabinet and the parliament (from July to August 1975), based on the rationale that there were imminent internal and external threats to the Indian state.
Who declared emergency in India?
On the advice of Prime Minister Indira Gandhi, President Fakhruddin Ali Ahmed proclaimed a state of national emergency on 25 June 1975.
Who proclaims national emergency?
Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of the prevailing “internal disturbance”, the Emergency was in effect from 25 June 1975 until its withdrawal on 21 March 1977.
Can Supreme Court suspend IAS?
Yes, if a prima facie case is made out for grant of sanction for prosecution. Ministries/Departments where the officer is working [unlike section 19(1) of the PC Act, 1988, there is no concept of “who so ever is competent to remove/dismiss” in determining the competent authority] No.
Which emergency has been declared 3 times in India?
Who became PM after emergency?
After the controversial emergency was lifted in 1977, the political parties of the opposition fought together against the Congress, under the umbrella of the Janata Party, and won the 1977 election. Desai was elected Prime Minister, and became the first non-Congress Prime Minister of India.
In which state Article 360 is not applicable?
It was rendered infructuous on 5 August 2019 by an order signed by the President of India and ceased to be applicable on that date. It also included Ladakh. The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution.