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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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