Comparison between National Emergency and State Emergency


(i) National Emergency is declared under Article 352. But State Emergency or failure of constitutional machinery in a state is declared under Article 356.
(ii) National Emergency may be declared when there is a war or an external aggression against India or when there is an armed rebellion against the government of India. These causes would not justify the promulgation of State Emergency. The President may promulgate State Emergency when there is failure of constitutional machinery in a State.
(iii) In the case of National Emergency, the State executive and legislature would continue to function. However, the centre would get concurrent powers of legislation and administration of the state in the case of State Emergency, the state legislature is suspended and the President assumes the executive authority of the state in whole or in part. That is why, the State Emergency is also known as the 'President's Rule'.
(iv) During national emergency, the Parliament can make law on any subject of the state list, and during state Emergency the Parliament can make law for the state concerned.
(v) The National Emergency can continue to stay for an indefinite period, but the state Emergency can stay in force at the maximum for a period of three years.
(vi) During National Emergency, the Fundamental rights under Art. 19 and Art. 32 may be abridged, but during state Emergency, the fundamental rights of citizens cannot be abridged.
(vii) The National Emergency may cover the whole country or a part of it, but the state Emergency covers only the state concerned.
(viii) During National Emergency, the Council of Ministers at the centre is not dissolved, but during state Emergency, the Council of Ministers of the state is dissolved.
Ox) Without the written advice of the Union Cabinet, the President of India cannot proclaim National Emergency, hut he does not need the written advice of the Union Cabinet to proclaim State Emergency.

 
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