Emergency provisions and the position of the President
The President can proclaim three kinds of emergency, but always on the Cabinet's advice. In reality the President is a constitutional head, not the real ruler.
The three emergencies compared
| Point | War, aggression or armed rebellion | Failure of the constitutional machinery in a State | Financial crisis |
|---|---|---|---|
| When | The security of India or a part of it is threatened by war, external aggression or armed rebellion | A State cannot be run as the Constitution requires, on the Governor's report or otherwise | The financial stability or credit of India, or of any part, is threatened |
| Parliament's approval | Within one month, or it ends | Within two months; then up to six months at a time, never more than three years | Within two months; then it lasts until it is revoked |
| Main effects | The Union can direct the States; Parliament can make laws on State subjects; enforcement of fundamental rights can be suspended, except the rights in Articles 20 and 21 | The State Assembly is dissolved or suspended; the Governor runs the State in the President's name; Parliament makes its laws | Salaries of all government officials, including Supreme Court and High Court judges, can be cut |
| Used so far? | Yes, three times: in 1962 (war with China; still in force during the 1965 war), in 1971 (war with Pakistan) and in 1975 (citing 'internal disturbance'). Your NIOS lesson counts 1965 as a separate emergency. | Yes, many times: first in Punjab in 1951, then in Kerala in 1959 | Never |
Article 356 and the S. R. Bommai case
President's Rule comes under Article 356. It gives the Union great power over a State. It has been alleged that it was sometimes used to remove State governments of parties other than the one in power at the Centre. So some people call it undemocratic. In S. R. Bommai v. Union of India (1994), the Supreme Court laid down strict guidelines for imposing President's Rule. This curbed its misuse.
Activity: a time President's Rule was imposed
- 1Pick your own State. If it has never had President's Rule, pick another State.
- 2From books, a tutor or a reliable website, find one year when President's Rule was imposed there.
- 3Note 2 or 3 reasons given at the time, for example a Governor's report that no party could form a stable government.
- 4Find out whether the dismissed government came back to power at the next election.
- 5Record in a table: State, year, reasons, how long it lasted, and what happened next.
Activity: the debate on the 1975 emergency
- 1Learn the basic facts: in June 1975 a national emergency was proclaimed on the government's advice, citing 'internal disturbance'. It was lifted in 1977.The 44th Amendment (1978) replaced 'internal disturbance' with 'armed rebellion' as a ground, and made the Union Cabinet's written decision necessary.
- 2Collect the reasons given for it, from books, tutors or informed adults.
- 3Collect the criticisms too. Your NIOS lesson notes that it is still controversial and that many people see it as a dark period for democracy.
- 4Talk to an adult who lived through it. Note at least two ways it touched the lives of ordinary citizens.
- 5Write your own view with at least two reasons, using facts from both sides.
Why the President is a constitutional head
The Constitution gives the President wide powers. But the President must use them on the aid and advice of the Council of Ministers headed by the Prime Minister, and this advice is binding. The President may send the advice back once for reconsideration, but must then act on the advice given. So the PM and the Council of Ministers are the real executive. Dr B. R. Ambedkar told the Constituent Assembly that the President is like the British monarch. The President is head of the State, not of the executive, and represents the nation but does not rule it.
But not a 'rubber stamp'
- The President must preserve, protect and defend the Constitution.
- The President is the custodian of the democratic process.
- When no party has a clear majority, the President can play a decisive role in forming the government.
- The President has the right to be informed of the Council of Ministers' decisions.
- So the President has the highest honour, dignity and prestige, but not the real authority.
When a State comes under President's Rule, news reports say the Governor is running the State on the Union's behalf. Knowing Article 356 helps you follow such news calmly and factually.
1 marks: “Under which Article of the Constitution is President's Rule imposed in a State?” Article 356.
3 marks: “What is President's Rule? Explain its effects on the State concerned.” Proclaimed under Article 356 when a State's constitutional machinery fails, on the Governor's report or otherwise. Effects: the State Assembly is dissolved or suspended; the Governor runs the State in the President's name; Parliament makes laws for the State. Approval within two months; at most three years.
6 marks: “'The President of India represents the nation but does not rule it.' Explain.” Wide powers on paper; but acts on the binding aid and advice of the Council of Ministers; the PM and Council are the real executive; even emergencies need the Cabinet's written decision; yet not a rubber stamp: guards the Constitution and matters when no party has a majority; so highest honour, not real authority.
Three emergencies: War (approve in one month), State failure under Article 356 (two months), Money crisis (two months, never used).