Innovation : The Research Concept ISSN
No. 2456–5474 RNI
No. UPBIL/2016/68367 VOL- VI * ISSUE- IV * May - 2021
Paper Submission: 03/05/2021, Date of Acceptance: 15/05/2021, Date of Publication: 25/05/2021
Amneet Kaur
Assistant Professor,
Dept. of Political Science,
Arya Girls College,
Ambala Cantt, Ambala, India
Abstract
Act-352 to 360 deals with the emergency Part-XVIII provisions
in the India‟s Constitution. These emergency powers would be used in
times of critical situations like Art.352 (emergency on account of war,
external aggression or internal armed rebellion) this type of emergency
declared in case of war and external aggression, Art.356, under this
article, emergency declared in a particular state due to the failure of
Constitutional machinery in the state and Art. 360 declared the financial
emergency resulting from a threat to the financial stability or credit of
India. H.V. Kamath warned the framers of the constitution that they
should learn a lesson from the constitution of wiemer republic (Germany)
which had emergency provisions. It was by misusing the emergency
provisions that Hitler was successful in destroying the wiemer.
Constitution and in establishing a dictatorship. An emergency under
article 352 was proclaimed for the first time on 26 Oct. 1962 due to the
Chinese Aggression against India and emergency was in operation when
the 1965 war with Pakistan took place. This emergency was withdrawn in
1968.
It was imposed again on 3rd Dec, 1971 with the outbreak of war
with Pakistan and this proclamation continued till March 1977. On 26th
June, 1975, the President proclaimed an emergency under article 352,
because of a threat to the security posed by internal disturbances. This
proclamation was withdrawn on 22d March, 1977. This period was
considered as the black period of Indian constitutionThe emergency was
declared by Prime Minister Indira Gandhi on grounds of Internal
Disturbances.
Emergency declared in 1975-77 with a view of retain her power,
position and serve her political interests as she was accused of
corruption charges after the Allahabad High Court found her guilty of
corrupt electoral practices in the 1971 elections and based her from
contesting elections for the next six years. Under article 356, Union
Government has thoroughly misused the powers given to the President
that is the reason why the Rajamannar Committee appointed by the
Tamil Nadu government on Centre-State relations in 1970, and the West
Bengal government memorandum on Centre-State relations in 1977
have recommended the deletion of Article 356.
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full paper please visit below link :
http://www.socialresearchfoundation.com/upoadreserchpapers/6/434/2106300102401st%20amneet%20kaur%2014266.pdf
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