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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".
The perceived need for the law arose from the scope and number of laws granting special powers to the executive in times of national emergency. Congress can terminate an emergency declaration with a joint resolution enacted into law. [1] Powers available under this Act are limited to the 136 emergency powers Congress has defined by law. [2]
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]
If the emergency has to be extended for more than three years, it can only be done by a Constitution of India constitutional amendment, as has happened in Punjab and Jammu and Kashmir. During such emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President.
In total, there are 136 emergency powers defined by law in the act that are made available to the president when they decide to declare a national emergency, and only 13 of these powers require ...
Article 16 of the constitution [7] grants the President of France "extraordinary powers" in exceptional cases, leading to an effective "state of exception": . When the institutions of the Republic, the independence of the nation, the integrity of its territory, or the fulfillment of its international commitments are under grave and immediate threat and when the proper functioning of the ...
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.
On April 10, 2023, three years after the emergency declaration, Congress sent a Joint Resolution terminating the national emergency to the President's desk, at which point it was signed into law. This marks the first time since the passage of the National Emergencies Act that a National Emergency was terminated through Congressional action.