Polity Titbits: Constitution- Special provisions

Special Provisions

 

Emergency provisions

 

National emergency

(art 352)

State Emergency/ President’s rule  (Art 356) Financial emergency
Grounds War, External aggression, armed rebellion <threat or actual> Failure of constitutional machinery of state or can’t comply with the directions of centre Threat to financial credit
Who declares President after written cabinet recommendation President President
Parliamentary approval w/i 1 month by both houses w/i 2 month by both houses w/i 2 month by both houses
Type of majority Special Simple Simple
Duration 6 months from approval 6 months from approval Indefinitely
Reapproval Any number of times Max 3 years Not applicable
Revocation By president or by LS only by simple majority By president, By president
Legislature and laws on state list Continues, both parliament and state can pass laws Suspended or dissolved and only parliament can make laws Can issue directions to reserve money bill and finance bills for president
Executive Continues, both union govt and state govt have powers Dismissed, president administers through governor Can issue direction to reduce salaries including those of supreme court and high court judge
FRs, Art 19 automatically suspended, 20 and 21 can’t be, right to move courts for others can be suspended by presidential orders NA NA

 

Schedule 5 and 6

Schedule 5 Schedule 6
Deal with – Scheduled area and STs in any state except ATMM Administration of tribal areas Assam, Tripura, Meghalaya, Mizoram
Autonomy Limited autonomy. Only tribal advisory council at state level More autonomy, autonomous districts
Schedule area President declares, can increase or decrease the area Governor can organize, reorganize autonomous districts
Executive power of state Applicable but special responsibility of governor Same
Acts of parliament or legislature Governor can modify the law or state that they are not applicable same

 

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