Navigating Emergency Provisions: A Closer Look at India's Constitutional Safeguards

Today I am going to discuss emergencies of the Indian constitution and there types so three types of emergency provisions that have been described in our constitution first is national emergency which is explained in article 352 second is waste agency which is introduced in article 356 third is different emergency which is cut so that it is cut then let us try to understand one by one and know what is the way to implement them so first we will talk about the shift that is taking place in.

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That is if the president's speech is that a serious condition of emergency is uniting the security of India or any part of India if there is a threat to the security of India or by award external aggression or general rebellion then the president can impose a proclamation of emergency in respect of whole India or part of India, whatever happens, will be specified in that proclamation i.e national emergency it doesn't need to be applicable only on the whole of India it can also be applied on any top Indian territory.

Well they explain that the proclamation of emergency is 150 times 300 times external aggression or even before the actual undertaking of any of these a proclamation of emergency can be issued if the president feels or if the president is in flight status that there is imminent danger and ward external affairs or on rebellion honey means that the president is felling that yes there is a lot of danger there is ward correction regression then there may be a general rebellion a good job is not all the qualities I am working to stop the 10 inches before the presidential election to stop this situation can also impose emergency then we come to that the extra choice of events i.e.

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War internal aggression then general rebellion which is mentioned in the article shifts is not necessary i.e if there is an important danger of war external aggression then general rebellion will be enough and a proclamation of emergency is fine one more thing to be noted in the dreams is the provision for the proclamation of emergency for Arm Rebellion which was not given in our original constitution it was added in the four amendments of the in 1977 this is very important it is asked in many competitive exams that in which added so once please join that in which amendment it was added in the 44th minute of 1977.

Walnut in Blood Tuition says that if there are any changes in the proclamation of emergency which has been made in everyone's dreams or there is a need to report again then the president can do so I am subsequent proclamation how next let's talk about subclass three so everyone is lying that he is the president he will not start any proclamation under the clause or will not bring any changes in the proclamation there is an addition to the cabinet without that there is a ticket and whatever decision of the cabinet is there it should be communicated in writing i.e.

You will communicate in writing to the union cabinet that you have implemented a proclamation of emergency or bring variation changes in that proclamation only then the president can start the proclamation of emergency and here 1st June now the net means this is the declaration of emergency which will consist of the prime minister and another minister of cabinet rank under article 75 scanning will be declared only with the consent of the union cabinet and not only if the prime minister advises the president that the proclamation of emergency should be implemented by doing this the president could not have done this the union cabinet is afraid that it will be implemented with their consent and that too will be communicated in return if we talk about transport only to the president.

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The parliament will have to be presented i.e in the Lok Sabha as well as in the Rajya Sabha if this does not happen then there will be no pressure and expression of formal till stiff expiry of the government has been approved by the realization of both the houses of the parliament i.e today if the new president starts the proclamation of emergency then within a month it will have to be presented in both the houses of the parliament and both the houses of the parliament are the by-laws that unanimously approve that proclamation, if the specific element is such that if she does not do so then the effective work of the proclamation will end that, is it will become useless in operation.

This depression of one month was mostly 244th Amendment human by reducing it to two minds in the 44th amendment it has been done for one month so we know that the Rajya Sabha is the permanent house of parliament but the Lok Sabha is elected every 5 years the reaction of the Lok sabha keeps on happening so now we know this inside the ghost otherwise the proclamation of emergency which is there seems to be in operation then what will happen in that condition when the lok sabha is dissolved okay we can discuss that condition 100 if the proclamation of emergency is there then it is who is voting not least two-third members voted fundamental rights one send he can stand he can take it then these are part of territories of India So see you all soon I will upload my next blog very soon thank you for giving my blog your precious time.

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