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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".
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 President is satisfied, based on the report of the Governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the Constitution, the governor may declare an emergency in the state. Such an emergency must be approved by the Parliament within a period of two months.
The Act repealed several of these provisions and stated that prior emergency declarations would no longer give force to those provisions that remained.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]
The Constitution was suspended after the bloodless ouster of former Prime Minister Eric Gairy, yet some rights protections were simultaneously enacted under The People's Laws 1979. The declared plans for a Constitutional referendum were not carried out prior to Bishop's assassination in October 1983. [3] Saye Zerbo Upper Volta: 1980
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 ...
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]
U.S. President Donald Trump speaks during the coronavirus daily briefing at the White House on April 21, 2020 in Washington, D.C. The National Emergencies Act was passed in 1976 by President ...