59th amendment of indian constitution

8/18/2019 59th Amendment of Indian Constitution

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59th Amendment of Indian Constitution

Introduction:-

The Act amends Article 365 (5) of the Constitution so as to facilitate the extension of a

Presidential Proclamation issued under clause (1) of Article 356 beyond a period of one year, if

necessary up to a period of three years, as permissible under clause () of Article 356 !ith

respect to the "tate of Pun#ab because of the continued disturbed situation there$ The Act also

amends Article 35% of the Constitution pertainin& to the Proclamation of emer&ency in its

application to the "tate of Pun#ab and includes internal disturbance as one of the &rounds for

ma'in& a Proclamation in respect of the "tate of Pun#ab only$ As a conseuence of amendment

in Article 35%, Articles 35 and 35* in relation to the "tate of Pun#ab !ill be operati+e only for

a period of t!o years from 3 -arch 1*, !hich is the date of commencement of the

amendment$

Emergency in India:-

.n .ndia, /the Emergency/ refers to a %10month period in 1*52 !hen Prime -inister .ndira

andhi unilaterally had a "tate of emer&ency declared across the country$ The Emergency was

officially issued by President Fakhru Ali Ahmad under Article 352(1) of the Indian onstitution for

!internal disturbance!" the Emergency was in effect from 25 #une 1$%5 until its withdrawal on 21 &arch

1$%%'

4mer&ency is a uniue feature of .ndian Constitution that allo!s the centre to assume !ide

po!ers so as to handle special situations$ .n emer&ency, the centre can ta'e full le&islati+e and

executi+e control of any state$ .t also allo!s the centre to curtail or suspend freedom of the

citiens$ 4xistence of emer&ency is a bi& reason !hy academicians are hesitant to call .ndian

constitution as fully federal$ 4mer&ency can be of three types 0 ue to !ar, external a&&ression

or armed rebellion, failure of constitutional machinery in a state, or financial emer&ency$

7o!e+er, technically, Proclamation of 4mer&ency is only done upon external a&&ression or

armed rebellion$ .n the second case, it is called Presidential 8ule, and in the third case it is

called /Proclamation of 9inancial 4mer&ency:

There are three types of 4mer&ency in .ndia:0

1$ ;ational 4mer&ency%$ "tate 4mer&ency

3$ 9inancial emer&ency

National Emergency :- Article 35% deals !ith the ;ational 4mer&ency$ An emer&ency

arisin& from the threat to the security of the country is called National Emergency$ A national

emer&ency can be proclaimed by the President of .ndia !hen he is satisfied that a &ra+e

security threat exists to the national$ The threat can either be by !ar, external a&&ression or

armed rebellion$


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The expression /Proclamation of 4mer&ency/ or /4mer&ency/ deals only !ith Clause (1) of

Article 35% of the Constitution of .ndia$

Grounds for Proclamation of Emergency:-

complex to understand and it mi&ht also

include political a&itations in the country$ 7ence, the th amendment replaced .nternal

isturbance !ith armed rebellion$ After the th amendment the follo!in& are the &rounds

under !hich a ;ational 4mer&ency can be proclaimed by the President$

=ar

4xternal A&&ression

Armed 8ebellion$

War

ar is a iolent struggle between two countries with the use of armed forces' It also includes when a

country has made a formal declaration of a war against India or any other country'

External Aggression

E*ternal aggression has wide meanings' It coers unilateral attac+s with force by one state against

another ,tate without a formal declaration of war' As long as the other ,tate has not answered with

similar hostile attac+s" it can be constituted an e*ternal aggression'

Proclaimination of Emergency :-

Efects o Emergency


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1 Suspension of Fundamental Rights

The first and foremost effect of an emer&ency is the suspension of the fundamental ri&hts

&uaranteed by Article 1* of the .ndian Constitution$

?nder Articles 35 and 35*, the President of .ndia can extend the suspension of allfundamental$

! Extension of Centre"s Executi#e Po$er

The constitution empo!ers the ?nion to extend its executi+e po!er by &i+in& directions to

state$

(a) To &i+e directions to the "tate

(b) To ma'e la!s of the "tate

The executi+e po!er also extends to states !here emer&ency is not in force, but are in relation

to states in !hich the Proclamation of 4mer&ency is in operation$

% Parliament to legislate on &tate su'(ects

The la!0ma'in& po!er of the "tate is not suspended, but the Parliament can amend la!s !hich

o+erride the state la!s$ .n other !ords the state has po!er to ma'e la! but the central po!er

can o+errule the la! made by the state$

) Extension of life of Lok Sabha

The President is empo!ered to extend the life of @o' "abha by one year and it can be extended

to six months more$

&tate Emergencies:-

A state of emer&ency in .ndia refers to a period of &o+ernance under an

altered constitutional setup that can be proclaimed by the President of .ndia, !hen

he>she percei+es &ra+e threats to the nation from internal and external sources or

from financial situations of crisis$

?nder the ad+ice of cabinet minister, the president of .ndia can o+errule many pro+ision

of constitution of .ndia, =hich &uarantee fundamental ri&ht to the citiens of .ndia and

acts &o+ernin& de+olution of po!er to the states !hich form the federation$

There !ere three periods durin& !hich a state of emer&ency had been existed these areas follo!:0

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1$ "tate emer&ency !as bet!een %6th ctober 1*6% to 1th Banuary 1*6 this state

emer&ency !as introduced durin& .ndia 2 china !ar: 0 the security of .ndiaD

has been declared as threatened by external a&&ressionD$

%$ The second state emer&ency !as held bet!een 3rd ecember 1*1 to %1 -arch

1* this !as ori&inated durin& .ndo0Pa'istan !ar and latter !as extended !ith

the third proclamation$

3$ The third state emer&ency !as bet!een %5th Bune 1*5 to %1st march 1* this

came into existences under the contro+ersial circumstances of political

instability under the .ndira andhiEs Prime minister ship $

Emergency under articles:-

&tate Emergency *nder Article %5+ :-

"tate emer&ency is declared on failure of constitutional machinery in a state$ ;early e+ery statein .ndia has been under a state of emer&ency at some point of time or the other$ The state of

emer&ency is commonly 'no!n as FPresidentFs 8uleE$ .f the President is satisfied, on the basis

of the report of the o+ernor of the concerned state or from other sources, that the &o+ernance

in a state cannot be carried out accordin& to the pro+isions in the Constitution, he can declare

emer&ency in the state$ "uch an emer&ency must be appro+ed by the Parliament !ithin a period

of t!o months$

.t is imposed for six months and can last for a maximum period of three years !ith repeated

parliamentary appro+al e+ery six months$


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National Emergency under Article %5!:-

;ational emer&ency is caused by !ar, external a&&ression or armed rebellion in the !hole

of .ndia or any part of its territory$ "uch an emer&ency !as declared in .ndia in 1*6% durin&

.ndo0China !ar, in 1*1 durin& .ndo0Pa'istan !ar, and in 1*5 emer&ency declared by .ndira

andhi$ The President can declare such an emer&ency only on the basis of a !ritten reuest by

the Council of -inisters headed by the Prime -inister$ "uch a proclamation must be laid

before both houses of Parliament, and the state of emer&ency expires after one month unless

appro+ed !ithin that time by both houses sittin& and +otin& separately$ 7o!e+er, if the @o'

"abha (the lo!er house) is not in session !hen the state of emer&ency is declared, and

the 8a#ya "abha appro+es the state emer&ency, the deadline for the @o' "abha can be extended

until thirty days after that house con+enes$

Accordin& to Article 35%(6) :0 Appro+al by each house reuires a special ma#ority: !ith those

in fa+our of the motion must be t!o thirds of those present and +otin&, and amount to a

ma#ority of the entire membership of that house$

A Parliamentary resolution extends the state of emer&ency for up to six months, and it can be

extended indefinitely by further resolutions in six0month increments$

urin& ;ational 4mer&ency, many 9undamental 8i&hts of .ndian citiens can be suspended$


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The emer&ency in the .ndian state of Pun#ab !as ori&inated in the late 1*s, as "i'h

re+olutionaries alon&side !ith Ghalistan proponents turned to militancy$ The roots of the

insur&ency !ere +ery complex !ith the main factors bein& inadeuate reco&nition of "i'hism

and the Pun#abi lan&ua&e and alle&ed mistreatment from the .ndian Con&ress $

o+ernment since its formation 1*$ =ith all schools in Pun#ab teachin& Pun#abi children7indi, parents and community leaders started to become concerned$

The Pun#abi "uba ci+il mo+ement !as started to address the lan&ua&e issue and restore Pun#abi

as the official lan&ua&e of Pun#ab$ The Pun#abi "uba mo+ement !as banned by the &o+ernment

on April 1, 1*55$

urin& this time the "i'hs !ere faced !ith much humiliation and difficulties includin&

peaceful protesters and innocent pil&rims bein& beaten, hit !ith bric's, !ere arrested, and

temple raids$

9ollo!in& the .ndo0Pa' !ar in 1*65$ Pun#abi !as finally reco&nied as the official lan&ua&e of

Pun#ab in 1*66 !hen the Pun#ab land !as further split into the states of 7imachal Pradesh, the

ne! state 7aryana and Pun#ab$

7o!e+er this did not sol+e all problems, the "i'h community still feelin& alienated !ithin

.ndia, and they put for!ard a resolution to address all &rie+ances that they had !ith the nation

state of .ndia$

.n 1*3, the "i'hs put for!ard the Anandpur "ahib 8esolution$ =ithin this resolution there

!ere issues includin& both reli&ious and political concerns$ 9rom easy issues of reco&niin&

"i'hism as a reli&ion to allo!in& all states !ithin .ndia to set local state le+el policies and not

be forced to &et permission from the central &o+ernment$

The Anandpur 8esolution !as re#ected by the &o+ernment but the reli&ious leader Barnail "in&h


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Cause of Emergency in Pun(a' and im/lementation of 59 th amendment in

Indian constitution:-

peration


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After 2he 3iots:-

The Anti-,i+h riots across the .orthern India had re/ercussions in Pun0ab' A small number of indus

were +illed by ragtag gangs of ,i+h militants' Trains were attac+ed and /eo/le were shot after being

/ulled from buses'

In 1$%" 32 indus were /ulled out of a bus and shot near alru in Pun0ab by ,i+h and &uslim militants'

!In the beginning on the 1$4s" ,i+h se/aratists in Pun0ab attac+ed non-,i+hs in the state'

Indira andhi6s son and /olitical successor" 7a0i andhi" tried but was unsuccessful to bring /eace in

Pun0ab (e was not able to do so because his life was abru/tly ended in an TTE /lanned e*/losion)'

8etween 1$% and 1$$1" Pun0ab was /laced under an ineffectie President6s rule and was goerned

from 9elhi' Elections were eentually held in 1$$2 but the oter turnout was /oor'

Im/lementation of 59th amendment of Indian constitution :-


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59th amendment of indian constitution

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