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Part XVIII is a compilation of provisions pertaining to the Constitution of India as a country and the union of states that it is made of. Five of the articles in this part of the constitution consists of emergency provisions. [1]
Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by "war or external aggression or armed rebellion".
Under Article 352 of the Indian constitution, upon the advice of the cabinet of ministers, the President can overrule many provisions of the constitution, which can suspend fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the federation. In the history of independent India, such a ...
On the advice of Prime Minister Indira Gandhi, President Fakhruddin Ali Ahmed proclaimed a state of national emergency on 25 June 1975.. The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi declared a state of emergency across the country by citing internal and external threats to the country.
The Act repealed several of these provisions and stated that prior emergency declarations would no longer give force to those provisions that remained. Congress did not attempt to revoke any outstanding emergency declarations per se, as these remained the President's prerogative under Article Two of the United States Constitution. [16]
They are seeking compliance with a “pollution control clause” in the New Mexico Constitution. Judge Matthew Wilson denied a motion by the state to dismiss the case, saying there needs to be more scrutiny of New Mexico's responsibilities under the constitution and that granting the state's request would short-circuit that examination.
Articles 358 and 359 were amended, to allow suspension of Fundamental Rights, and suspension of enforcement of any of the rights conferred by the Constitution during an Emergency. [5] The 42nd Amendment added new Directive Principles, viz. Article 39A, Article 43A and Article 48A. [17]
Exclusive: It's known as the Doomsday Book—a stack of papers in a classified safe listing extraordinary powers a President might use after a nuclear attack or other catastrophe. Some former ...