What is difference between National Emergency and President’s Rule?

Q.  Which of the following is/are true?

1) Maximum period for President’s Rule is 3 years.
2) President’s Rule doesn’t affect Fundamental Rights of citizens as opposed to National Emergency.

- Published on 27 Feb 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above

ANSWER: Both 1 and 2
The difference is as follows -

Sr.No.National Emergency (under article 352)President’s Rule (under Article 356)
1.It can be proclaimed only when the security of India or a part of it is threatened by war, external aggression or armed rebellion.It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion.
2.During its operation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution.

Its effect is that the Centre gets concurrent powers of administration and legislation in the state.
During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved.

The president administers the state through the governor and the Parliament makes laws for the state.

In brief, the executive and legislative powers of the state are assumed by the Centre.
3.Under this, the Parliament can make laws on the subjects enumerated in the State List only by itself,that is, it cannot delegate the same to any other body or authority.Under this, the Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him.

So far,the practice has been for the president to make laws for the state in consultation with the members of Parliament from that state.

Such laws are known as President’s Acts.
4.There is no maximum period prescribed for its operation.

It can be continued indefinitely with the approval of Parliament for every six months.
There is a maximum period prescribed for its operation, that is, three years.

Thereafter, it must come to an end and the normal constitutional machinery must be restored in the state.
5.Under this, the relationship of the Centre with all the states undergoes a modification.Under this, the relationship of only the state under emergency with the Centre undergoes a modification.
6.Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority.Every resolution of Parliament approving its proclamation or its continuance can be passed only by a simple majority.
7.It affects fundamental rights of the citizens.It has no effect on Fundamental Rights of the citizens.
8.Lok Sabha can pass a resolution for its revocation.It can be revoked by the President only on his own.

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