VARIOUS PROVISIONS OF EMERGENCIES UNDER CONSTITUTION AND CONCEPT OF ELECTION PROVISION IN ELECTION
BY SUSHMA GOWDA
INTRODUCTION
EXPLAIN VARIOUS PROVISIONS OF EMERGENCIES UNDER CONSTITUTION.
There are 3 types of provision of Emergencies under Constitution
1) Article 352- National Emergency
2) Article 356- Emergency in state ( President’s rule)
3) Article 360- Financial Emergency
1) National Emergency
Under article 352, if the president is satisfied that there exists a grave situation, wherein the security of the country is threatened on the grounds of wars, external aggression or armed rebellion, he can proclaim emergency to that effect.
Emergency can be declared over the complete territory of India or any part thereof.
President can declare emergency only on the written advice of the cabinet. A special majority is required to approve an emergency resolution.
Once approved, emergency shall operate for a maximum period of not more than six months.
2) Effects of President Rule (State Emergency)
On Executive- State government is dismissed and the executive power of the state is exercised by the centre.
On Legislature- State legislature does not function to legislate; state legislative assembly is either suspended or dissolved.
On Financial relation- There is no impact on the distribution of financial resources between centre and the state.
3) Financial Emergency
Under article 360- If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect. This emergency is never imposed in India.
CONCEPT OF ELECTION PROVISION IN INDIA
Election Commission is a federal body, enacted under the provisions of the Constitution, responsible for monitoring and administering all the electoral processes of India. This body is responsible for ensuring elections are free and fair, without any bias.
Election Commission ensures the conduct of members pre-elections, during elections and post-elections are as per the statutory legislation.
All election related disputes are handled by the Election Commission. The Supreme Court of India has held that where the enacted laws are silent or make insufficient provision to deal with a given situation in the conduct of elections, the Election Commission has the residuary powers under the Constitution to act in appropriate manner.
Elections in the Republic of India include elections for:
Members of Lok Sabha (House of the People) or the lower house of India's Parliament are elected by being voted upon by all adult citizens of India, from a set of candidates who stand in their respective constituencies. Every adult citizen of India can vote only in their constituency. Candidates who win the Lok Sabha elections are called 'Member of Parliament' and hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan in New Delhi, on matters relating to creation of new laws, removing or improving the existing laws that affect all citizens of India. Elections take place once in 5 years to elect 545 members for the Lok Sabha (Lower house). [3]
