The imposition of a state of emergency in India, as provided for in the Constitution under Article 352, has a significant impact on the functioning of both houses of Parliament – the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). A state of emergency can be declared due to an armed rebellion, external aggression, or an armed rebellion combined with an external aggression.
Suspension of Normal Functions:
Disruption of Regular Business:
During an emergency, the routine functioning of both houses is disrupted. Normal business, debates, and discussions may be put on hold as the focus shifts to addressing the emergency situation.
Shift in Priority:
The primary focus of Parliament shifts from routine legislative activities to dealing with the emergency and the challenges it poses, such as internal security threats or external aggression.
Special Powers and Legislation:
Enabling Special Powers:
The President, during an emergency, may issue ordinances or promulgate laws that could empower the government with special powers deemed necessary to address the emergency situation.
Legislative Changes:
Parliament may pass laws or amendments during the emergency period to enhance the government’s ability to respond effectively to the crisis.
Extended Term of Lok Sabha:
Extension of Lok Sabha Term:
If a proclamation of emergency is in operation, the term of the Lok Sabha can be extended beyond five years by one year at a time, as provided by Article 83(2) of the Constitution.
No Dissolution during Emergency:
The Lok Sabha cannot be dissolved during the operation of a national emergency, as stated in Article 83(2) of the Constitution.
Suspension of Fundamental Rights:
Impact on Parliamentary Debates:
Emergency provisions may impact the nature of debates in Parliament, as certain fundamental rights may be suspended or restricted during an emergency period.
Discussion on Emergency Provisions:
There may be specific discussions and debates in Parliament regarding the imposition of emergency and the associated suspension of fundamental rights.
Approval of Emergency Proclamation:
Parliament’s Role:
The proclamation of emergency must be approved by both houses of Parliament within one month from its issuance.
Rajya Sabha’s Special Role:
The Rajya Sabha has a special role in the approval process, and its consent is essential for the continuation of a state of emergency.
Emergency Powers of Rajya Sabha:
Role in Emergency Powers:
The Rajya Sabha plays a crucial role in approving emergency proclamations. The President can declare a state of emergency only if both houses pass a resolution approving the proclamation.
Contribution to Decision-Making:
During an emergency, the Rajya Sabha contributes to decision-making on key matters, including the approval of ordinances and laws aimed at addressing the emergency situation.
Conclusion:
The impact of an emergency on both houses of Parliament is profound, with a shift in focus from routine legislative activities to addressing the crisis at hand. The special powers granted during an emergency, the extension of the Lok Sabha term, and the suspension of certain rights underscore the exceptional circumstances under which Parliament operates during such periods. The emergency provisions in the Constitution are designed to provide the government with necessary tools to respond swiftly to grave situations, but they also entail a temporary alteration of the normal parliamentary functions and dynamics.
