During a state of emergency, particularly a National Emergency under Article 352 or a State Emergency (President’s Rule) under Article 356, there are significant impacts on the functioning of both the Parliament at the national level and the State Legislative Assemblies at the state level.
1. Parliament (National Level):
a. National Emergency (Article 352):
- Enhanced Legislative Powers: The most significant impact is the expansion of legislative powers of the Parliament. The Parliament can make laws on subjects that fall under the State List during a National Emergency.
- Override of State Legislation: The laws made by Parliament during a National Emergency override any conflicting state laws.
b. Effect on Lok Sabha and Rajya Sabha:
- Continuity of Lok Sabha: The term of the Lok Sabha may be extended during a National Emergency if the proclamation is in operation at the time of dissolution.
- Emergency Session: Parliament can be summoned for an emergency session to address the situation necessitating the National Emergency.
c. Approval and Renewal:
- Approval of Proclamation: A proclamation of National Emergency must be approved by both houses of Parliament within one month.
- Six-Month Extensions: The initial proclamation is valid for six months and can be extended with parliamentary approval every six months.
2. State Legislative Assemblies (State Level):
a. State Emergency (President’s Rule – Article 356):
- Dissolution of State Assembly: In the case of President’s Rule, the State Legislative Assembly may be dissolved, and elections may be postponed until the restoration of normalcy.
- Governor’s Rule: The Governor, acting on behalf of the President, assumes executive authority. The powers of the state legislature may be transferred to or exercised by the Governor during the emergency.
b. Effect on State Legislatures:
- Override of State Legislation: The laws made by Parliament during President’s Rule or by the President through ordinances override any conflicting state laws.
- Parliamentary Legislation for the State: Parliament may legislate on matters in the State List for the state under emergency.
c. Approval and Renewal:
- Approval of Proclamation: The proclamation of President’s Rule must be approved by both houses of Parliament within two months.
- Six-Month Extensions: The initial proclamation is valid for six months and can be extended with parliamentary approval for a maximum period of three years.
Additional Points:
- Revocation and Restoration: Once the emergency conditions cease to exist, Parliament and State Legislatures are expected to resume their normal functioning. The President can revoke the emergency, and the State Legislative Assembly can be reconstituted through elections.
- Judicial Review: The use of emergency powers is subject to judicial review to ensure that the provisions of the Constitution are not violated, and the declaration of an emergency is based on genuine grounds.
- Federal Structure Concerns: The impact on State Legislative Assemblies is particularly significant, as the imposition of President’s Rule involves the suspension of the elected government and the transfer of powers to the Governor.
Overall, the impact on Parliament and State Assemblies is intended to be temporary, with a return to normal functioning once the emergency conditions are resolved. The Constitution includes safeguards and checks to prevent misuse of emergency provisions and to uphold democratic principles and federalism.
