KAHULUGAN AT KAHALAGAHAN NG GAWAING PANSIBIKO.pptx
State of emergency in India
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10. CAN EMERGENCY BE APPLIED
TODAY
2. In 1975, both the Houses of Parliament have to
approve proclamation of emergency with in 2
months after the proclamation. In 1977, this time
period for the approval of Parliament was
reduced to 1 month.
1. In 1975, President can proclaim National Emergency on the
advice of Prime Minister alone. Indira Gandhi advised the
President over a phone call to proclaim emergency. In 1977,
Constitution was amended so that President can proclaim
emergency only on the advice of Council of Ministers(CoM), not
PM alone. And also, CoM have to give their advice in a written
letter.
11. 3. In 1975, Proclamation of emergency can be approved by
parliament like any other ordinary law by a simple
majority(Majority of the total members of the house present
and voting). In 1977, Constitution was amended in such a way
that proclamation of emergency has to be approved by
Parliament by special majority(Majority of the total members of
each house of the parliament as well as not less than 2/3rd
majority of the total members of each house present and
voting)
4. Six freedoms granted by Art. 19 and Right to protection of life
and personal liberty granted by Art. 21 can not be curtailed when
Internal emergency is declared. It was made possible in 1977 by
Morarji Desai led Janata Party Govt. through constitutional
amendment. Before this amendment, these fundamental rights
granted under Art.19 and Art. 21 can be curtailed even when
Internal Emergency is declared.
12. 5. Before 1977, Parliament had no role in withdrawing of
emergency. It had only the power of approving the proclamation
of emergency every six months. Only the President had the
power to revoke emergency after the advice tendered by CoM.
Constitution was amended in 1977 to give the power to
parliament to withdraw the emergency by passing a motion to
such effect by a simple majority.