The following are the consequences of the proclamation of emergency:
(1) Extension of Executive powers of the Union:
During the operation of a proclamation of emergency, the executive powers of the Union extend to giving directions to any State as to the manner in which the executive power of the State is to be carried on.
Image Source: images.slideplayer.com
ADVERTISEMENTS:
In this context Article 353 provides that the executive power of the Union to give directions under clause (a) and the power to make laws under clause (b) shall also extend to any State other than the State where emergency Is in force, if the security of India or a part thereof is threatened by activities in or in relation to any part of the territory of India.
(2) Power of Parliament to legislate on State subject:
According to Article 353 (b), while the proclamation of emergency is in operation, the Parliament is empowered to make laws with respect to the matters in the State List. The distribution of legislative power is thus fundamentally changed during emergency. The law-making power of the State is suspended during the emergency. The State may make laws but subject to overriding power of the Parliament.
(3) Power of the Centre to alter distribution of revenue between the Union and States:
Under Article 354, the President may, while a proclamation of emergency is in operation, by the order, alter the financial arrangement between the State and the Union as provided in Articles 268 to 279. Every such order is to be laid before each House of the Parliament and will come to an end by the closure of the financial year in which the proclamation of emergency ceases to operate.
(4) Extension of life of Lok Sabha:
According to Article 83 (2), while the proclamation of emergency is in operation, the President may extend the normal life of the Lok Sabha by a year each time up to a period not exceeding beyond six months after the proclamation of emergency ceases to operate.
(5) Suspension of fundamental rights guaranteed under Article 19:
ADVERTISEMENTS:
Article 358 lays down that the six fundamental freedoms guaranteed to the citizens by Article 19 of the Constitution, are suspended during emergency. It provides that while a proclamation of emergency is in operation, nothing in Article 19 shall restrict the powers of the State to make any law or to take away any executive action bridging or taking away the rights guaranteed by Article 19 of the Constitution. It means that soon after proclamation of emergency, the freedoms guaranteed under Article 19 are automatically suspended.
The Constitution (44th Amendment) Act, 1978 has made two important changes in Article 358. Firstly, Article 19 will be suspended only when a proclamation of emergency is declared on the ground of war or external aggression but not on the ground when emergency is declared due to armed rebellion.
Secondly, it has inserted a new clause (2) in Article 358 which provides that nothing in clause (1) shall apply to: (a) any law which does not contain a recital to the effect that such law is in relation to proclamation of emergency, or (b) to any executive action taken otherwise than under a law containing such recital. This clause makes it clear that Article 358 will only protect emergency laws from being challenged in a court of law and not other laws which are not related to emergency.
However, the proclamation of emergency does not invalidate a law which was valid before the proclamation of emergency.
(6) Suspension of right of enforcement of fundamental rights:
ADVERTISEMENTS:
Article 359 empowers the President to suspend the right to enforce fundamental rights guaranteed by Part III of the Constitution. It provides that while the right to move any court for the enforcement of such of the fundamental rights as may be mentioned in the order (except Articles 20 and 21) and all proceedings pending in any court for the enforcement of such rights, shall remain suspended during the period of proclamation is in force or for such shorter period as may be specified in the order.
The Constitution (38th Amendment) Act, 1975 has made two significant changes by adding a new clause (1A) in Article 359. Firstly, it provides that under Article 359, the President does not have the power to suspend the enforcement of fundamental rights guaranteed in Articles 20 and 21 of the Constitution.
Secondly, it provides that suspension of any fundamental rights under Article 359 will not apply In relation to any law which does not contain a declaration that such a law is in relation to the proclamation of emergency in operation when it is made or to any executive action taken otherwise than under a law containing such a recital. Thus, laws not related to the emergency can be challenged in a Court of law even during emergency.
