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Article 360 Of Indian Constitution In English
Article 360 – Provisions as to financial emergency.
(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
(2) A Proclamation issued under clause ( 1 )
(a) may be revoked or varied by a subsequent Proclamation;
(b) shall be laid before each House of Parliament;
(c) shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the ate on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(3) During the period any such Proclamation as is mentioned in clause ( 1 ) is in operation, the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.
(4) Notwithstanding anything in this Constitution.
(a) any such direction may include
(i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State;
(ii) a provision requiring all Money Bills or other Bills to which the provisions of Article 207 apply to be reserved for the consideration of the President after they are passed by the Legislature of the State;
(b) it shall be competent for the President during the period any Proclamation issued under this article is in operation to 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 PART XIX MISCELLANEOUS.
Article 360 In English
360 Article – Provisions regarding financial emergency.
(1) If the President is satisfied that a situation has arisen which threatens the financial stability or credit of India or any part of its territory, he may, by a proclamation, make a declaration to that effect.
(2) a proclamation issued under clause (1)
(a) may be repealed or altered by a subsequent proclamation;
(b) be laid before each House of Parliament;
(c) cease to function on the expiration of two months unless before the expiry of that period it has been approved by resolutions of both Houses of Parliament: Provided that no such declaration is issued when the House of the People is dissolved or the House of the People is dissolved during the period of two months referred to in sub-clause (c), and if a resolution approving the Proclamation has been passed by the Council of State, but there is no motion in respect thereof If such Proclamation is passed by the House of the People before the expiry of the period, the Proclamation shall cease to function on the expiration of thirty days from the meal at which the House of the People first sits after its reconstitution, unless before the expiration of No, a resolution approving the Proclamation has also been passed by the Lok Sabha in the said period of thirty days.
(3) During the period as any proclamation referred to in clause (1) is in force, the executive authority of the Union shall extend to direct any State to observe such principles of financial propriety as may be specified. can go. directions, and to give such other directions as the President may consider necessary and sufficient for the purpose.
(4) Notwithstanding anything contained in this Constitution.
(a) any such direction may include
(i) a provision requiring the reduction of the pay and allowances of all or any class of persons serving in connection with the affairs of a State;
(ii) a provision requiring all Money Bills or other Bills which, after being passed by the Legislature of the State, be subject to the provisions of article 207, for the consideration of the President;
(b) it shall be competent for the President during the period when any proclamation issued under this article directing the reduction of the pay and allowances of all or any class of persons serving in connection with the affairs of the Union can do Judges of the Supreme Court and High Courts Part XIX Miscellaneous.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 360 Of Indian Constitution?
In Article 360 you see “Provisions as to financial emergency” that means (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
(2) A Proclamation issued under clause (1) more above.
Article 360 Debate Summary
The draft Article 280-A (Article 1950 of the Constitution of India) was absent in the 1948 draft Constitution. It was introduced in the Assembly on 16 October 1949 by the Chairman of the Drafting Committee.
Article 280-A of the draft gave the President the power to declare a financial emergency and partially suspend India’s federal structure if he feels that India’s financial stability is being threatened. The Union Executive was empowered to issue directions to the State Executive(s) to take certain financial measures. If these instructions are not followed, the President can impose President’s rule in the state(s).
The chairman of the drafting committee told the House that the draft article was inspired by the National Recovery Act of 1930. This act gave the US President extraordinary powers to deal with the financial crisis caused by the Great Depression. US The Supreme Court struck down as unconstitutional – the U.S. in the face of financial destruction. The president was left without a tooth. The draft Article 280-A, the Speaker argued, was aimed at avoiding such a situation by giving constitutional guarantees of sufficient powers to the President to deal with a financial emergency.
Most of the members of the Legislative Assembly felt that the powers of the President under the draft Article were too broad, unfair and infancy. Several amendments were introduced that wanted to reduce the powers of the President. One member referred to the President’s power to reduce salaries, reserve state bills, and impose President’s rule as being excessive. He argued that mere ‘threat to financial stability and debt’ does not justify the emergency powers of the President. Another member felt that the draft Article does not rely on the capacity and initiative of the states to deal with the financial emergency.
A small group of members came out in support of the draft Article and even asked for more powers for the President. One member wanted the President to make laws on matters in the State List as if they were in the Concurrent List. Another member introduced an amendment to completely suspend India’s federal structure and provincial autonomy for the period of the financial emergency.
At the end of the debate, a member of the drafting committee defended the draft article. He assured the assembly that the Sangh was not interested in interfering with the autonomy of the state. He pointed out that the financial matters of the states and the union are closely linked: a financial crisis in one state can affect the financial integrity of the entire country and vice versa. Therefore, any financial crisis requires a federally-led response and a temporary intrusion into the executive power of the states.
All the amendments were put to vote, but were rejected by the Assembly. The original draft Article, introduced by the Chairman of the Drafting Committee, was accepted by the Assembly on the same day.
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