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National Emergency , Impeachment , No confidence motion Explained in UPSC pre 2022

 It is a basic question and the main focus is to check the Fundamentals.

You have to correctly attempt these sorts of questions.





Which of the following is/are the exclusive power(s) of Lok Sabha ?

1. To ratify the declaration of Emergency

2. To pass a motion of no-confidence against the Council of Ministers

3. To impeach the President of India

Select the correct answer using the code given below :

(a)        1 and 2

(b)        2 only

(c)        1 and 3

(d)        3 only

 

Solution - B

 

 

Analysis of each statement

 

1. To ratify the declaration of Emergency

 

Basics Facts About Emergency you need to know

 

 Emergency provisions

 Part XVIII from Articles 352 to 360

 

Why We need Emergency provision?

 

So, the Central government can meet any abnormal situation effectively.

 

They help  to safeguard the

sovereignty,

unity,

integrity and security of the country,

 

democratic political system, and the Constitution.

 

What is the main thing that happen due to emergency?

 

It converts the federal structure into a unitary[i.e state under complete control of centre government] .

 

Article

Types

Condition / Grounds of Declaration

352

Proclamation of emergency   

[popularly National Emergency]

 

3 times - 1962[till 1968], [1971, 1975[both till 1977]

due to war,

external aggression

or armed rebellion

[44th CAA , 1978

Replaced

internal disturbance

with Armed rebellion]

356

Provisions in case of failure of constitutional machinery in States. [100+ times imposed]

 

[Popularly - President rule / State emergency / constitutional emergency]

due to the failure of the constitutional

machinery in the states

 

 

360

Financial Emergency [Never imposed]

threat to the financial stability

or credit of India

 

Note - Trick  for Emergency provision articles

 

352 -trick   3-5=-2 ---- National emergency is negative and 2 reason for it

External Emergency -due to war,  external aggression

Internal Emergency - Armed rebellion

 

Then use +4 ka rule

 

Article 352 or NATIONAL EMERGENCY

 

Grounds of Declaration

 

Can president declare emergency without actual war or external aggression?

 

Yes , He can declare a national emergency even before

the actual occurrence of war or external aggression or armed

rebellion, if he is satisfied that there is an imminent  danger [about to happen].

 

Is National Emergency always for whole country?

 

No , It can be a part of country.

 

Can President proclaim a national emergency whenever he wants to?

 

No , only after receiving a written recommendation from the cabinet.

 

44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

 

Is National Emergency immune to Judicial review?

 

No

44th CAA, 1978 removed its immunity and

 

Minerva Mills case,1980

SC held that the proclamation of a national emergency can be challenged in a court on the ground of

 

Malafide[बुरे इरादे से, carried out in bad faith or with intent to deceive.]

 

or that the declaration was based on wholly extraneous [immaterial] and

irrelevant facts or is absurd or perverse[illogical].

 

Parliamentary Approval

 

1 month Rule

The proclamation of Emergency must be approved by both the

Houses of Parliament within one month [44th CAA, 1978] from the date of its issue.

 

What if LS  dissolved or dissolution takes place during the period of one month without approving the proclamation?

 

Then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the RS approved it.

 

Duration

 

6 Month rule + Indefinite time  +

 

periodical parliamentary [special majority] [44th CAA, 1978]

 

 

What is a special majority?

 

(a) a majority of the total membership of that house, and

 

(b) a majority of not less than two-thirds of the members of that

house present and voting.

 

Revocation of Proclamation

 

LOGIC - Revocation easy

 

1.Any time when president want

does not require the parliamentary approval.

 

2.if  Lok Sabha passes a resolution disapproving its continuation.

[44th CAA, 1978 ]

 

Can their be a special sitting for disapproving the continuation of the proclamation?

 

Yes , 44th CAA , 1978 provided that,

1.one-tenth of the total number of members of the Lok Sabha

give a written notice to the Speaker (or  president if LS is not in session),

a special sitting of the House should be held

within 14 days for the purpose

of considering a resolution

 

Proclamation approving the continuation

Vs

Resolution of disapproval

Passed by BOTH

 

LS only

Special Majority

 

Simple majority

 

Safeguard against National emergency added by 44th CAA, 1978?

 

1.Special Majority

2.Within 1 month Approval

3.Armed Rebellion

4.Written recommendation

of cabinet

5. Six Month Rule

6.Revocation by parliament is allowed

 

Note

Shah Commission

 to investigate the circumstances that warranted the declaration of an Emergency in 1975. The commission did not justify the declaration of the Emergency.

 

 Hence, the 44th Amendment Act was enacted in

1978 to introduce a number of safeguards against the misuse of

Emergency provisions

 

Effects of National Emergency

 

 

1.  Centre-state relations,

2.  life of the LS and State assembly, and

3. Fundamental Rights.

 

Effect on the Centre-State Relations

 

Executive

Legislative

Financial

state governments are

brought under

complete control of the Centre, though they are not suspended.

 

Constitution

becomes unitary

rather than federal.

 

normal distribution

of the legislative

powers between

Centre and states

is suspended,

Though state

Legislatures are

not suspended.

 

President can modify the constitutional distribution

of revenues between the centre and the states.

[मै पैसा नहीं देंगा]

 

 

Can Parliament make laws on state subject and are they valid even after Emergency is over?

 

Yes , but they become inoperative six months after the

emergency has ceased to operate.

 

Note -  President can issue ordinances on the state

subjects also, if the Parliament is not in session.

 

 

Effect on the Life of the Lok Sabha and State Assembly

 

Extend by 1 year each time [by Law of parliament].

 

Parliament can extend the life of state legislature by 1year each time.

 

However,  both these extension cannot continue beyond a

period of six months after the emergency has ceased to operate.

 

For example for 5th LS [1971-77]--- Extended twice.

 

1975 National Emergency

 Start - 25/6/1975

End -21/3/1977

 

Effect on the Fundamental Rights

 

Article

Effect

358

Suspension of the Fundamental Rights guaranteed by Article 19 {automatically happen when national emergency promuglated- No separate order}

359

 suspension of other Fundamental Rights

(except those guaranteed by Articles 20 and 21)

 

FR  not suspended[i.e Theoretically alive but], but  their enforcement suspended. [i.e right to move any court for the enforcement]

 

Details about this mentioned in order

 

What happen to a law made during violating Article 19?

 

 It ceases to have effect.

 

However, no remedy[legal हानिपूर्ति] lies for anything done during the Emergency

even after the Emergency expires.

 

This means that the legislative and executive actions taken during the emergency cannot be challenged even after the Emergency ceases to operate.

 

What are the impacts of 44CAA, 1978 on A.358?

 

1. Six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion.

 

2.only those laws which are related with the Emergency are protected from being

challenged and not other laws.

 

Also, the executive action taken only under such a law is protected.

[कुछ भी करके नहीं बच जाओगे]

 

 

Comparison Between Articles 358 and 359

 

Similarity

Both provide immunity from challenge to only those laws which

are related with the Emergency and not other laws.

 

Also, executive action taken only under such a

law is protected by both.

 

Basis

A.358

A.359

FR

A.19[Automatically]

Decided by

presidential order

Emergency

type

 External only

[i.e not in armed rebellion]

Both

Duration of

suspension

Entire

Specified by

President

Extend to

Entire country

Specified by

President

Law and Executive Action

Against A.19

Specified by

President

 

 

With this we have finished National Emergency now you can study the

A.356 and A.360.

 

I will make a separate video for them.

 

2.To pass a motion of no-confidence against the Council of Ministers

 

 Article 75: The Council of Ministers shall be collectively responsible to the Lok Sabha.

 

So no-confidence motion requires approval of Lok Sabha only.

 

The motion needs the support of 50 members to be admitted.

 

What is motion?

 

Motion is a device of parlaimentary proceedings.

 

without which no discussion on a matter of general public importance can happen.

 

3. To impeach the President of India

 

Article 61  when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

 

Either Lok Sabha or Rajya Sabha can initiate the process for the removal of the

 

President of India.

 

Impeachment US vs Indian President---- Syllabus -comparision of Indian constituional scheme with other countries 

 

Basis

India

USA

Ground

Violation of Constitution

[Not defined]

U/A 61

Treason ,

Bribery or

any other higher crime

Who can Initiate

Either house of Parliament

Only house of

Representative

Process

Stage 1 -

charges should be signed by one-fourth members

 

14 Day notice

 

Impeachment resolution should be passed by majority of two-thirds of the total membership of that House.[it is not special majority]

 

 

Passed with simple

majority to start trial

 

Stage 2

 

Second house act as investigating house

 

Passed with same majority.

[president has the right to appear and represented]

Senate

[upper house acts like a court]

 

Passed with two-third

of senate votes

 

Things to remember

 

1.Impeachment is a quasi-judicial procedure in the Parliament.

2.Nominated member can participate [but in election only elected member].

3. Legislative assemblies member do no participate ,

 

Expected question

 

Special Power of RS 

A.249

Power of Parliament to legislate with respect to a

matter in the State List in the national interest

A.312

 Authorize parliament For creation of All India servise

A.67

Removal of VP

A.352,356,

360

if LS Dissolved or dissolution of the Lok Sabha takes place

within the period then proclamation effective

even if Approved by RS.

 

Let's revise the concept using question….

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