Top 8 Difference Between National Emergency And President’s Rule

Article 352 (National Emergency) and Article 356 (President’s Rule) under the Constitution of India deal with different constitutional provisions in similar situations. They are meant to be exercised by the central government for a period ranging from 6 months to one year on the advice of the council of ministers.

The main objective behind these two provisions is to meet abnormal situations effectively. The Top 8 Difference Between National Emergency And President’s Rule are

Sl. No.National emergency (article 352)President‘s rule (article 356)
1Grounds of proclamation – When security of India or a part of it is threatened by war, external aggression or armed rebellionWhen there is a failure of constitutional machinery in the state
2The state executive and legislature continues to function. However, the Centre gets concurrent powers of administration and legislation in the stateExecutive is dismissed and the state legislature is either suspended or dissolved. Centre assumes the executing and legislative powers of the state
3Parliament can make laws on the state subjects only by itself, it cannot delegate the same to any other body or authorityParliament can delegate the power to make laws for the state to the President or to any other authority specified by him
4No maximum period prescribed for its operation. It can be continued in definitely with the approval of Parliament for every six monthsThe maximum prescribed period for its operation is three years. Thereafter it must come to an end and the normal Constitutional machinery must be restored in the state
5Relationship of the Centre with all the states undergoes a modificationThe relations of only the state under emergency with the Centre and there was a modification
6Approval of its proclamation and continuance requires special majority of the ParliamentApproval of its proclamation and continuance require a simple majority
7Affects fundamental rights of the citizensNo effect on fundamental rights of the citizens
8Lok Sabha can pass a resolution for its revocationNo such provision. Can be revoked by the President only on his own

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