Question

The President may declare an emergency in a State, if he/she is convinced of the breakdown of constitutional machinery in the State. In this context, answer the following questions:

1. When can such an emergency be proclaimed? Why is such an emergency often referred to as President's Rule?
2. What is the duration of such an emergency? State two conditions under which such an emergency can be extended beyond one year.
3. State the effect of the emergency on the administration of the State.

Answer 1

1. The President can declare an emergency in a state if he believes the constitutional machinery has failed. During an emergency, the President can take on all or most of the functions of the state government. This is known as the President's rule. If the President is happy with the Governor's suggestions or believes the Constitutional machinery in a state has failed, he may declare the state under his rule. The State Administration reports directly to both the President and the Union Government.
2. The Proclamation lasted only two months. If it extends beyond two months, it must be approved by Parliament. Even if adopted by Parliament, the proclamation expires six months after it is issued. However, it can be extended for another six months. Typically, the President's rule lasts only one year. However, it can be extended beyond one year under certain conditions.
   1. A Proclamation of Emergency may be in effect throughout India or a specific state. 
   2. The Election Commission certifies the difficulty of holding elections for the State Legislative Assembly. However, such a proclamation cannot be valid for more than three years, and a future Proclamation may invalidate the previous one.
3. Placing an emergency on the administration or President's Rule has the following consequences.
   1. The State legislature can be dissolved or suspended. In that circumstance, Parliament will execute the legislature's powers.
   2. The President can assign all executive functions to the Governor.
   3. Parliament passes the State's annual budget.
   4. The President cannot suspend any provision of the Constitution related to High Courts.