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Salient Features of Indian Constitution ( Emergency Provisions and Preventive Detention) (Part 8)
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Emergency Provisions
To meet an extraordinary situations effectively, the Indian Constitution contains detailed emergency provisions.
There are three types of emergencies in India:
a. National Emergency ( Article 352)
b. State Emergency ( Article 356) and
c. Financial Emergency ( Article 360)
a. National Emergency is imposed on the ground of war or external aggression or armed rebellion.
b. State Emergency which is also known as President’s Rule is imposed on the ground of failure of Constitutional machinery in the States or failure to comply with directions of the Centre. And
C. Financial Emergency is imposed on the ground of threat to the financial stability or credit of India.
During an emergency, the Central Government becomes all-powerful and the State goes into the total control of the Central Government.
Emergency converts the federal structure into a unitary one and the division of functions between the Central and State Government becomes suspended during the operation of emergency.
Preventive Detention:
In order to prevent any abuse of freedom by anti-social elements, the Indian Constitution contains a unique feature in the form of Preventive Detention.
It empowers the State to enact a law providing for preventive detention of persons, even during peacetime, for reasons connected with defence, foreign affairs, security of State, maintenance of public order or maintenance of supplies and services essentials to the community.
To meet an extraordinary situations effectively, the Indian Constitution contains detailed emergency provisions.
There are three types of emergencies in India:
a. National Emergency ( Article 352)
b. State Emergency ( Article 356) and
c. Financial Emergency ( Article 360)
a. National Emergency is imposed on the ground of war or external aggression or armed rebellion.
b. State Emergency which is also known as President’s Rule is imposed on the ground of failure of Constitutional machinery in the States or failure to comply with directions of the Centre. And
C. Financial Emergency is imposed on the ground of threat to the financial stability or credit of India.
During an emergency, the Central Government becomes all-powerful and the State goes into the total control of the Central Government.
Emergency converts the federal structure into a unitary one and the division of functions between the Central and State Government becomes suspended during the operation of emergency.
Preventive Detention:
In order to prevent any abuse of freedom by anti-social elements, the Indian Constitution contains a unique feature in the form of Preventive Detention.
It empowers the State to enact a law providing for preventive detention of persons, even during peacetime, for reasons connected with defence, foreign affairs, security of State, maintenance of public order or maintenance of supplies and services essentials to the community.