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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 ...
Invoking articles 352 and 356 of the Indian Constitution, Indira Gandhi granted herself extraordinary powers and launched a massive crackdown on civil rights and political opposition. The Government used police forces across the country to place thousands of protestors and strike leaders under preventive detention.
This article allows the President, on receipt of a report from the Governor of a State or otherwise, to declare a state of Emergency if he/she is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. [5]
The Ninth Tamil Nadu Legislative Assembly was constituted on 27 January 1989 after the General Elections held on 21 January 1989. Before the expiry of the term of the Assembly, the President by a Proclamation issued on 30 January 1991, under Article 356 of the Constitution of India dissolved the Ninth Tamil Nadu Legislative Assembly and imposed President's Rule in Tamil Nadu.
Article 85(1) of the constitution reads "The President shall from time to time summon each House ... Article 352 under Emergency Provisions touch upon a "special ...
Since World War II, Presidents of both parties have increasingly laid claim to a vast reservoir of latent constitutional emergency powers, says Goitein. “Everything about these documents is just ...
The Thirty-eighth Amendment of the Constitution of India, officially known as The Constitution (Thirty-eighth Amendment) Act, 1975, made the declaration of "The Emergency" final and conclusive. In particular it codified and enlarged the State's power to remove fundamental rights from its citizens during states of emergency.
The Emergency of 25 June 1975 – 21 March 1977 was a 21-month period when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a national emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties.