Describe the Emergency powers of the Indian President.

Ans.

Introduction:

"The emergency powers of the central executive are like a loaded gun, which can be used for protecting as well as destroying the liberties of the citizens. The Constitution of India has endowed the President with vast powers to deal with emergent situations.

Emergencies are of three types that may arise under the following circumstances:

The President makes a proclamation of emergency when the below situations arise.

1. On war or external aggression or internal disturbance or imminent danger thereof,
2. On the failure of constitutional machinery in a state, and
3. On financial or economic crisis.

1. During war or external aggression or internal disturbance -

If the President is satisfied that the security of India or any part thereof is threatened by war, external aggression, or internal disturbance, he can proclaim an emergency. The Constitution makes it mandatory for the proclamation to be presented before both houses of Parliament. Without their approval, the proclamation can remain in force only for two months. If the proclamation is approved by the Parliament, it will remain in force even after 30 days. If the Lok Sabha is in session, the approval of the Rajya Sabha is also necessary and in case of a new Lok Sabha being constituted, it has to grant approval within 30 days of its first sitting.

The emergency arising out of internal disturbance was self-proclaimed by President F.A. Ahmad on June 26, 1975. 

(a) Effects of Proclamation - Such a proclamation will have a widespread impact on the executive, legislative, and financial spheres, and India's federal structure will be converted into a unitary one. 

(b) Effects on the executive - The federal executive will give directions to the state executive regarding how to exercise their powers. However, the state executive will not be dissolved.  

(c) Effects on the legislature - The President can extend the term of Parliament but not by more than a year at a time. However, there is no restriction on how many times he can extend the term. Parliament can make laws on any subject.

(d) Financial effects - The President can suspend the provisions regarding the distribution of revenues between the Centre and the states but parliamentary approval will be required. 

2. Emergency arising out of the failure of constitutional machinery in states -

Under Article 356 of the Constitution, on the report of the Governor or otherwise, if the President is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution, he can proclaim an emergency. On such a proclamation being made, the executive and legislative structure of the concerned state can be dissolved. 

Duration of proclamation - 

All conditions regarding this proclamation are the same as the main proclamation. Only such a proclamation will remain in force for 6 months even after obtaining parliamentary approval. Its duration can be extended up to a maximum of 3 years by 6 months at a time if required. 

Effects of proclamation: 

1. The President can take over some or all functions of the concerned state government,
2. He can entrust the powers of the state legislature to an officer subordinate to Parliament,
3. He can transfer the powers of the state legislature to Parliament,
4. He can suspend the implementation of any part of the Constitution in the state except the powers of the High Court.
5. If the Lok Sabha is not in session, he can suspend the implementation of any part of the Constitution except the funds of the state.
6. If the Lok Sabha is not in session, he can authorize necessary expenditure from the state's consolidated fund.

3. Effects of financial crisis - 

Whenever the President understands that a situation has arisen which threatens the financial stability and credit of India, he can proclaim an emergency. The result will be that the federal executive can issue financial orders to states as deemed fit. 

These can include: 

1. Instruction with the consent of Supreme Court and High Court judges to reduce salaries and allowances of all government officials, and
2. Direction that all money or finance bills passed by state legislatures will be submitted to the President for consideration.

Actual situation - 

By actually using the emergency powers described in the Constitution, the President can become the head of the most powerful state in the world, but as far as reality is concerned, he needs the advice of the Council of Ministers to perform his duties, because he is the head of a parliamentary system. In effect, his position is very similar to that of the King of Britain. 

According to Dr. Ambedkar, "The President has no discretionary powers, he will only have certain privileges. According to them, the position of the President is the same in the Indian Constitution as that of the King in the British Constitution. He is the head of state, not the executive. He represents the nation and does not rule it. His place in administration is like a symbol or seal which conveys the decisions of the nation." 

Dr. M.P. Sharma said, "The President of India is more similar in his actual position to the King of England or the President of the Fourth Republic of France than to the President of America." "The post of President is of great honor and glory, but not of actual power."