Question

Consider the following statements:

1. The proclamation for both President's Rule (Article 356) and Financial Emergency (Article 360) requires parliamentary approval within two months.

2. The resolution for approving both types of emergencies must be passed by a simple majority in Parliament.

3. The President's Rule is also known as 'Constitutional Emergency', while a Financial Emergency is known as 'State Emergency'.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

Answer:

A. 1 and 2 only

Emergency Provisions in the Indian Constitution

• The Indian Constitution provides for three types of emergencies, enshrined in Part XVIII (Articles 352 to 360):
  • National Emergency (Article 352)
  • President's Rule (Article 356)
  • Financial Emergency (Article 360)

President's Rule (Article 356)

• Approval Period: A proclamation imposing President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.
• Majority Required: The resolution for approving President's Rule can be passed by a simple majority in both Houses of Parliament.
• Nomenclature: President's Rule is also commonly known as 'State Emergency' or 'Constitutional Emergency', as it is imposed due to the failure of the constitutional machinery in a state.
• Duration: Once approved by Parliament, President's Rule initially lasts for six months. It can be extended for a maximum period of three years with parliamentary approval every six months.
• 44th Amendment Act (1978): This amendment made it more difficult to extend President's Rule beyond one year. It requires specific conditions to be met (e.g., National Emergency in operation or Election Commission certifying difficulties in holding state elections) for extensions beyond one year.

Financial Emergency (Article 360)

• Approval Period: A proclamation declaring a Financial Emergency must also be approved by both Houses of Parliament within two months from the date of its issue.
• Majority Required: The resolution for approving a Financial Emergency can be passed by a simple majority in both Houses of Parliament.
• Nomenclature: This type of emergency is solely referred to as 'Financial Emergency'. It is not known as 'State Emergency'.
• Duration: Once approved, a Financial Emergency continues indefinitely until it is revoked by the President. There is no maximum period prescribed for its operation or repeated parliamentary approval required for its continuance.
• Historical Context: Financial Emergency has never been imposed in India to date.

Key Differences & Similarities for Competitive Exams

• Approval Period: Both President's Rule and Financial Emergency require parliamentary approval within two months. (In contrast, a National Emergency requires approval within one month).
• Majority for Approval: Both President's Rule and Financial Emergency require approval by a simple majority. (In contrast, a National Emergency requires approval by a special majority).
• Revocation: The President can revoke a proclamation of President's Rule or Financial Emergency at any time without parliamentary approval.
• Misconception: It is crucial to remember that while President's Rule is also known as 'State Emergency' or 'Constitutional Emergency', 'Financial Emergency' is a distinct category and is not referred to as 'State Emergency'.