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“Will emergency powers even make the President a dictator?” Explain this statement is context of the President’s emergency powers. |
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Answer» Emergency provisions have been mentioned in Article 352 to 360 of part 18 of the Indian constitution. According to which the President can announce three types of emergency : 1. National emergency (Article 352), 2. Failure of constitutional mechanism in the state (Article 356), 3. Financial Emergency (Article 360). In the constitution, the President’s emergency powers are criticized on many grounds, which makes it clear that under certain circumstances, the President can misuse his power : 1. Critics say that according to the constitution, the only decisive factor in the crisis situation is the President and the crisis management measures can be applied for one month by the President without asking the parliament. Therefore, in this situation, any ambitious and greedy President can become a dictator by misusing the emergency power but now it is not possible because the President is obliged to follow the advice of the Council of Ministers. 2. Under Article 356, the provision of a crisis announcement has been made in the state in context of constitutional mechanism failure, and the fear has been expressed from the beginning that the ruling party of the centre could suppress the governments of the opposition parties in the state through the President. Some examples of this type are also found. 3. Extensive financial rights were granted to the central executive and the legislative during the crisis period. To maintain the financial stability of the sates, the President can issue any kind of order to the state governments. In addition to the above criticism, regarding President’s crisis or emergency powers, one criticism is also made that the use of emergency provisions in practice has not been compatible with the expectations and wishes of the constitution makers. The first type of emergency in practice was unnecessarily applied for long time form 1962 to 1968 and from 1975 to 1977 and on the basis of Article 356, in some cases voluntarily and in some cases unnecessarily, President’s rule was implemented in the states for a long time. |
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