Special Provisions
Emergency provisions
| National emergency
(art 352) |
State Emergency/ President’s rule (Art 356) | Financial emergency | |
| Grounds | War, External aggression, armed rebellion <threat or actual> | Failure of constitutional machinery of state or can’t comply with the directions of centre | Threat to financial credit |
| Who declares | President after written cabinet recommendation | President | President |
| Parliamentary approval | w/i 1 month by both houses | w/i 2 month by both houses | w/i 2 month by both houses |
| Type of majority | Special | Simple | Simple |
| Duration | 6 months from approval | 6 months from approval | Indefinitely |
| Reapproval | Any number of times | Max 3 years | Not applicable |
| Revocation | By president or by LS only by simple majority | By president, | By president |
| Legislature and laws on state list | Continues, both parliament and state can pass laws | Suspended or dissolved and only parliament can make laws | Can issue directions to reserve money bill and finance bills for president |
| Executive | Continues, both union govt and state govt have powers | Dismissed, president administers through governor | Can issue direction to reduce salaries including those of supreme court and high court judge |
| FRs, | Art 19 automatically suspended, 20 and 21 can’t be, right to move courts for others can be suspended by presidential orders | NA | NA |
Schedule 5 and 6
| Schedule 5 | Schedule 6 | |
| Deal with – | Scheduled area and STs in any state except ATMM | Administration of tribal areas Assam, Tripura, Meghalaya, Mizoram |
| Autonomy | Limited autonomy. Only tribal advisory council at state level | More autonomy, autonomous districts |
| Schedule area | President declares, can increase or decrease the area | Governor can organize, reorganize autonomous districts |
| Executive power of state | Applicable but special responsibility of governor | Same |
| Acts of parliament or legislature | Governor can modify the law or state that they are not applicable | same |
