WHAT IS EMERGENCY

PM’s MESSAGE TO NATION“THE PRESIDENT HAS

PROCLAIMED EMERGENCY ,THERE IS

NOTHING TO WORRY ABOUT.”

CAUSES: COURT DECISION

AGAINST INDIRA GANDHI

GOVT. CANNOT CHANGE DEFINITION OF CONSTITUTION

: JAYA PRAKASH NARAYANMOVEMENT

HIS SUPPORT TO STUDENTREVOLUTION IN BIHARAND HIS BEHAVIOURTOWARDS GOVT. OF

BIHAR

CAN EMERGENCY BE APPLIED TODAY

2. In 1975, both the Houses of Parliament have to approve proclamation of emergency with in 2 months after the proclamation. In 1977, this time period for the approval of Parliament was reduced to 1 month.

1. In 1975, President can proclaim National Emergency on the advice of Prime Minister alone. Indira Gandhi advised the President over a phone call to proclaim emergency. In 1977, Constitution was amended so that President can proclaim emergency only on the advice of Council of Ministers(CoM), not PM alone. And also, CoM have to give their advice in a written letter.

3. In 1975, Proclamation of emergency can be approved by parliament like any other ordinary law by a simple majority(Majority of the total members of the house present and voting). In 1977, Constitution was amended in such a way that proclamation of emergency has to be approved by Parliament by special majority(Majority of the total members of each house of the parliament as well as not less than 2/3rd majority of the total members of each house present and voting)4. Six freedoms granted by Art. 19 and Right to protection of life and personal liberty granted by Art. 21 can not be curtailed when Internal emergency is declared. It was made possible in 1977 by Morarji Desai led Janata Party Govt. through constitutional amendment. Before this amendment, these fundamental rights granted under Art.19 and Art. 21 can be curtailed even when Internal Emergency is declared.

5. Before 1977, Parliament had no role in withdrawing of emergency. It had only the power of approving the proclamation of emergency every six months. Only the President had the power to revoke emergency after the advice tendered by CoM. Constitution was amended in 1977 to give the power to parliament to withdraw the emergency by passing a motion to such effect by a simple majority.

Thank You

MADE BY-ROHIT GUPTA