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Emergency Provisions -Social Studies Notes For All Teaching Exams

Emergency Provisions -Social Studies Notes For All Teaching Exams_30.1

Social Studies is an important section for CTET, MPTET, State TET, and other teaching exams as well. Social studies is the main subject in the CTET exam Paper II. In CTET Exam, the Social Studies section comprises a total 60 questions of 60 marks, in which 40 questions come from the content section i.e.History, Geography and Political Science and the rest 20 questions from Social Studies Pedagogy section.

Strategy to Prepare For Social Studies in CTET 2020

At least 10-15 questions are asked from the Political Science section in the CTET Social studies section. Here we are providing important facts related to the Emergency Provisions of India.

Complete Social Studies Notes For All Teaching Exams!

Emergency Provisions

The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively.

The Constitution stipulates three types of emergencies-
(1)  National Emergency
(2)  Constitutional Emergency
(3)  Financial Emergency

  • President can make proclamation of emergency under 352 in case of war, external aggression or armed rebellion or threat thereof only on recommendation of the Cabinet.
  • Every such proclamation must be laid before Parliament and it ceases to be in operation unless it is approved by resolutions of both Houses of Parliament with special majority within one month from the date of its issue.
  • The proclamation gets a fresh lease of 6 months from the date it is approved by both Houses of Parliament.
  • After the 44th amendment, proclamation of emergency under 352 can be made in respect of whole of India or only a part thereof.
  • During proclamation of emergency the Union can give directions to any State regarding exercise of the executive power (Ref.: Art. 353(a)).
  • During emergency Parliament can extend the normal life of the Lok Sabha for one year at a time, and not exceeding 6 months after the proclamation has ceased to operate.
  • Normal life of Lok Sabha was extended only once in
  • During emergency, Parliament can legislate regarding State subjects.
  • During Emergency the President can modify the provisions of the Constitution relating to the allocation of financial resources (Art. 268 – 279) between the Union and the States by his own Order. Such Order is subject to approval by Parliament (Art. 354 and has no effect beyond the financial year in which the Proclamation itself ceases to operate.

Effects of emergency on Fundamental Rights:

  • 358 provides that the rights provided by Art. 19, would be non – existent against the State during emergency.
  • Under 359, the right to move the Courts for the enforcement of the rights can be suspended, by Order of the President.
  • Articles 20 and 21 cannot be suspended during emergency.

Social Studies Quiz For CTET Exam : Attempt Daily Quizzes

  • The first proclamation of emergency under Art. 352 was made by the President on 26 October 1962 in view of Chinese aggression in the NEFA.
  • For the first time on 25 June 1975 proclamation of emergency under Art. 352 was made on the ground of “internal disturbance”.
  • A proclamation of emergency for failure of constitutional machinery can be made by the President when the Constitutional Government of State cannot be carried on for any reasons (Ref.: Art. 356).
  • During Emergency under 352, the Centre does not get power to suspend the State Government.
  • In case of failure of the Constitutional machinery, the State Legislature is suspended and the executive authority of the state is assumed by the President in whole or in part. This is popularly called the President’s rule.
  • Under a proclamation of emergency under 352, Parliament can legislate in respect of state subjects only by itself; but under a proclamation under Art. 356 of the other kind, it can delegate its power to legislature for the State, – to the President or any other authority specified by him.
  • Proclamation of emergency for failure of constitutional machinery, can be extended by Parliament upto three years (Art. 356(4), Provision 1).

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