Part 17: National Emergencies

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17.1 External threat
If the President is satisfied that a grave emergency exists whereby the security of India or any part of it is under threat, whether by war, external aggression or armed rebellion, he shall, if the national parliament is in session, convene a joint session of the two houses of parliament. He shall present the facts and his assessment, and seek resolution for proclaiming a national emergency.
 
If the joint session of parliament approves the resolution, the President and the Speakers of the two houses shall jointly sign the resolution. It shall be valid for a period of six months unless revoked earlier and lapse thereafter unless extended by a joint session of the parliament.
 
If the Parliament is not in session, the President shall forthwith convene a joint session and seek approval of the resolution. If the matter is of extreme urgency, the President may promulgate the resolution and seek ratification from the joint session of Parliament within one month of promulgation of the resolution failing which it will automatically lapse.
 
While a proclamation of emergency is in operation, notwithstanding anything contained in the Constitution, the executive power of the national government shall extend to giving directions to any state and local government as to the manner in which the executive power may be exercised by them. The national parliament shall also have power to promulgate laws valid for the period of emergency on any subject in the state or local jurisdiction.
 
17.2 Environmental disaster
In case there is an environmental disaster in any state or local jurisdiction, the state government on request by the local government and the national government on request by the state government may declare a local or state emergency, as the case may be. Upon such declaration, other governments shall extend support and private organisations may extend such assistance as they can offer. All such assistance shall be exempt from income tax.

Note on the State of the Environment


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