Indian Constitution (IC)
DU #2301DU003
Unit-3
Separation of Powers
and Emergency
Provisions
Prof. Smit Vachhani
Darshan Institute of Management
Darshan University, Rajkot
smit.vachhani@darshan.ac.in
+91 73597 86060
Separation of
Powers
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Separation of Powers - Background of the Concept
● This concept was first seen in the works of Aristotle, in
the 4th century BCE, wherein he described the three
agencies of the government as the General Assembly,
Public Officials, and Judiciary.
● In the Ancient Roman Republic too, a similar concept was
followed.
● In modern times, it was 18th-century French philosopher
Montesquieu who made the doctrine a highly systematic
and scientific one, in his book De l’esprit des lois (The
Spirit of Laws).
● His work is based on an understanding of the English
system which was showing a propensity towards a
greater distinction between the three organs of
government.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Separation of Powers - Purpose of the Separation
● The purpose of separation of powers is to prevent abuse of power by a
single person or a group of individuals.
● It will guard society against the arbitrary, irrational, and tyrannical powers
of the state, safeguard freedom for all, and allocate each function to the
suitable organs of the state for the effective discharge of their respective
duties.
● Arbitrary: having unlimited power
● Tyrannical: exercising power in a cruel manner
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Separation of Powers – Meaning
● Separation of powers divides the mechanism of governance into three
branches i.e. Legislature, the Executive and the Judiciary. Although
different authors give different definitions, in general, we can frame three
features of this doctrine.
● Each organ should have different persons in capacity, i.e., a person with a
function in one organ should not be a part of another organ.
● One organ should not interfere with the functioning of the other organs.
● One organ should not exercise the function of another organ (they should
stick to their mandate only).
● Thus, these broad spheres are determined, but in a complex country like
India there often arises conflict and transgression by one branch over
the other.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Separation of Powers – Significance of the Doctrine
● Whenever there is a concentration of power in one centre/authority, there
is bound to be greater chances of maladministration (not working
properly), corruption, nepotism (favoring the relatives), and abuse of
power.
● This principle ensures that autocracy does not creep into a democratic
system.
● It protects citizens from arbitrary rule.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Separation of Powers – Significance of the Doctrine
● Hence, the importance of the Separation of Powers doctrine can be
summed up as follows:
1. Keeps away autocracy
2. Safeguards individual liberty
3. Helps create an efficient administration
4. Judiciary’s independence is maintained
5. Prevents the legislature from enacting arbitrary or unconstitutional laws
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Roles and Responsibilities of: The Executive
● The President, the Vice President, Cabinet Ministers, and the
Independent Executive Agencies make up the executive branch of the
Central Government.
● The President of the United States is the country’s leader.
● The President is in charge of carrying out the department’s duties.
● It is in charge of carrying out and enforcing legislation.
● To put it another way, the executive branch does not make or interpret
laws.
● However, it is responsible for enforcing the laws enacted by the
legislature and interpreted by the courts.
● Certain types of laws in the country can come from the Central
Government’s executive branch.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Roles and Responsibilities of: The Executive
President’s Sir Ram Nath Madam
Office Govind President
Former President Droupadi
Murmu
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Roles and Responsibilities of: The Executive
Vice President
Jagdeep
Dhankhar
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Council of Ministers
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Council of Ministers
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Council of Ministers
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Roles and Responsibilities of: The Legislature
● The legislative branch is also known as Parliament.
● The Indian Parliament, which is the most important part of the legislative
branch, is made up of two houses: the Lok Sabha (House of People) and
the Rajya Sabha (Council of States), with the President of India at its
head.
● Drafting of all principal legislation for the Central Government
● Ordinances to be announced by the President
● Regulations to be made by the President for Union Territories
● Framing of election laws
● To decide on bills to be introduced in the Parliament
● Measures to be taken for states under the President’s rule and
● Deals with certain matters like personal law, contracts, evidence, etc.
● Video Link: https://youtu.be/bnNBzxyUipY?si=Yt5lJ5IwJAxR_A05
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Old
Parliament
18 January 1927 by the viceroy and
governor-general of India, Lord Irwin
New Parliament
On 28 May 2023, Prime Minister Narendra
Modi officially inaugurated India's new
parliament building.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Roles and Responsibilities of: The Judicial System
● The Supreme Court of India is the country’s highest judicial
authority.
● The judiciary is responsible for upholding and propagating
the country’s law and order.
● It interprets the laws and carries out judicial reviews,
sentences verdicts in complying with laws as per the
constitution, and ensures equality of everyone in front of the
law.
● It also solves conflicts between the Executive and
Legislature and other public-related matters or conflicts.
● It solves disputes between the Government of India and one
or more states.
● It solves disputes between two or more states.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
EMERGENCY
PROVISION
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Eemergency Provision – Introduction
● Indian Constitution explicitly mentions Emergency provisions under Part
XVIII (18) from Article 352 till Article 360.
● These provisions allow the central government to meet any unforeseen
and abnormal situation effectively.
● When the emergency is imposed all the powers go into the hands of the
Centre. It converts the federal system of the Indian polity into a unitary
one.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Eemergency Provision – Types
1 2 3
Article 352 Article
Article 356 360
National Financial
President’s
Emergency Emergency
Rule
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Eemergency Provision – Types
1 2 3
Article 352 Article 356 Article 360
National President’s Financial
Emergency Rule Emergency
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Emergency Provision – Types
● Article 352: Emergency due to war, external
aggression or armed rebellion, termed
1 2
popularly as National Emergency
3
Article 352
National
Emergency
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Emergency Provision – Types
● Article 352: Emergency due to war, external
aggression or armed rebellion, termed
1 popularly as National Emergency
Article 352
National
Emergency
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
National Emergency
● Article 352 provides that if the President is ‘satisfied’ on the grounds that
the security of India is threatened due to outside aggression or armed
rebellion, he can issue a proclamation to that effect regarding the whole
of India or a part thereof.
● However, sub-clause (3) states that when a piece of written advice is
given by the Union Cabinet then only the President can make such a
proclamation. Such a proclamation must be placed before each house of
the parliament and must be approved within one month of the
declaration of the proclamation otherwise it will expire.
● Furthermore, it is not necessary for the proclamation of National
emergency, external aggression, or armed rebellion should actually
happen. Even if there is a possibility that such a situation can arise, a
national emergency can be proclaimed.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
National Emergency – Revocation
● If the situation improves then the President can revoke the emergency
through another proclamation.
● The 44th Amendment of the Constitution provides that a requisition for
the meeting can be made by ten percent or more members of the Lok
Sabha; in that meeting; it can disapprove or revoke the emergency by a
simple majority.
● The emergency will immediately become inoperative in such a case.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Eemergency Provision – Types
● Article 356: Emergency due to the failure of
the constitutional machinery in the states.
1 2 3
This is popularly known as President’s rule. It
is also known as ‘State emergency’ and
‘Constitutional emergency’. Do remember that
Constitution does not use the term
’emergency’ for this situation.
Article 356
President’s
Rule
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Eemergency Provision – Types
● Article 356: Emergency due to the failure of
the constitutional machinery in the states.
1 This is popularly known as President’s rule. It
is also known as ‘State emergency’ and
‘Constitutional emergency’. Do remember that
Constitution does not use the term
’emergency’ for this situation.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Presidents Rule
● According to Article 356, the President’s Rule can be imposed on any
state of India on the grounds of the failure of the constitutional machinery
.
● If the President receives a report from the state’s Governor or otherwise
is convinced or satisfied that the state’s situation is such that the state
government cannot carry on the governance according to the provisions
of the Constitution.
● Article 365: As per this Article, President’s Rule can be imposed if any
state fails to comply with all directions given by the Union on matters it is
empowered to.
● In simple words, President’s Rule is when the state government is
suspended and the central government directly administers the state
through the office of the governor (centrally appointed).
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Presidents Rule – When to impose
● The state legislature is not able to elect a leader as the Chief Minister for
a time prescribed by the state’s governor.
● Breakdown of a coalition in the state government, that leads to the CM
having minority support in the legislature, and the CM is unable to prove
his majority within the time prescribed by the governor.
● A no-confidence vote in the legislative assembly leading to a loss of
majority.
● Postponement of elections owing to unavoidable reasons such as a
natural disaster, epidemic or war.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Presidents Rule – What after impose the emergency
● The governor carries on with the administration of the state on behalf of
the President. He or she takes the help of the state’s Chief Secretary and
other advisors/administrators whom he or she can appoint.
● The President has the power to declare that the state legislature’s
powers would be exercised by the Parliament.
● The state legislative assembly would be either suspended or dissolved
by the President.
● When the Parliament is not in session, the President can promulgate
ordinances with respect to the state’s administration.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Eemergency Provision – Types
● Article 360: Financial Emergency due to a
threat to financial stability or credit of India
1 2 3
Article 360
Financial
Emergency
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Eemergency Provision – Types
● Article 360: Financial Emergency due to a
threat to financial stability or credit of India
3
Article 360
Financial
Emergency
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Financial Emergency – Article 360
● Article 360 of the Indian Constitution empowers the President to invoke
financial emergency.
● Grounds of declaration – If the President is satisfied that a situation has
arisen due to which the financial stability or credit of India or any part of
its territory is threatened.
● 38th Amendment Act of 1975 – The satisfaction of the president in
declaring a Financial Emergency is final and conclusive and not
questionable in any court on any ground.
● 44th Amendment Act of 1978 – deleted the provision added by the 38th
Amendment Act of 1975, which implies that the satisfaction of the
president is not beyond judicial review (that is, it can be challenged in
court).
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Financial Emergency – Parliamentary Approval and
Duration
● A proclamation declaring a financial emergency must be approved by
both Houses of Parliament (i.e., Lok Sabha and Rajya Sabha) within two
months from the date of its issue.
● If such proclamation is issued at a time when the Lok Sabha has been
dissolved or the dissolution takes place during the two months without
approving the proclamation, then the proclamation survives until 30 days
from the first sitting of the Lok Sabha after its reconstitution, provided
the Rajya Sabha has in the meantime approved it.
● After approval of both the Houses of Parliament, the Financial
Emergency continues indefinitely till it is revoked.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Financial Emergency – Consequences
● The Union government shall give directions to any State to observe such
canons of financial propriety as may be specified in the directions.
● The directions may include:
● The President may order the States to reduce the salaries and
allowances of all or any class of employees serving in connection
with the state of affairs.
● Money bills or other financial bills are to be reserved for the
consideration of the President after they are passed by the
Legislature of the State.
● Also, the President can issue directions for the reduction of salaries
and allowances of all or any class of persons serving in connection
with the affairs of the Union, including the Judges of the Supreme
Court and the High Courts.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
Financial Emergency – Importance
● One of the Constitution makers, Dr BR Ambedkar explained the inclusion
of financial emergency provisions in the Constituent Assembly as, ‘this
article more or less follow the National Recovery Act, 1933 of the United
States, which gave the President power to make similar provisions in
order to overcome the difficulties of American people caused as a result
of the Great Depression of the 1930s.
● Situations like economic recession or any other financial crisis can be
easily averted by financial emergency provisions.
Prof. Smit Vachhani DU #2301DU003 UNIT-3 Indian Constitution ‹#›
THANK YOU
Prof. Smit Vachhani
Assistant Professor
Darshan Institute of Management
Darshan University, Rajkot
smit.vachhani@darshan.ac.in
