UPPSC-UPPCS Mains- Answer writing practice #78

UPPSC/UPPCS Mains- Answer writing practice

Compare the effects on fundamental right aswell as on centre-state relationship on the declaration of national emergency and president’s rule. (200 w)

राष्ट्रीय आपातकाल और राष्ट्रपति शासन की घोषणा पर केंद्र-राज्य संबंध के रूप में मौलिक अधिकार के प्रभाव पर तुलना करें। (200 w)

Model Answer

National emergency under article 352 can be proclaimed when the security of India or a part of it is threatened by war, external aggression or armed rebellion. President’s rule (art 356) is declared due to the failure of the constitutional machinery in the states.

Effects on Fundamental rights
When a proclamation of national emergency is made, the six fundamental Rights under article 19 are automatically suspended on the ground of war or external aggression. The president can also suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency except for article 20 and 21. Also, only those laws which are related with the emergency are protected
from being challenged and not the other laws. Also, the executive action taken only under such a law is protected.

President’s rule, on the other hand, has no effect on Fundamental Rights of the citizens.

Effects on Centre-state relations

While a proclamation of national emergency is in force, the normal fabric of the Centre–state relations undergoes a basic change in the following manner:
· Executive: the Centre becomes entitled to give executive directions to a state on ‘any’ matter.
· Legislative: Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. The President can issue ordinances on the state subjects also, if the Parliament is not in session.
· Financial: The President can modify the constitutional distribution of revenues between the centre and the states and the modification continue till the end of the financial year in which the Emergency ceases to operate.

During President’s rule the state government is dismissed. The state legislature is either suspended or
dissolved. The president administers the state through the governor and the Parliament makes laws for
the state. In brief, the executive and legislative powers of the state are assumed by the Centre.

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Hemant Bhatt
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